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Son Just Received Trust Fund: How to Reduce Child Support

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  • Son Just Received Trust Fund: How to Reduce Child Support

    Son just turned 18, started University and came into a Trust Fund in excess of 60K. I long since have remarried, have two young sons, recently filed bankruptcy, lost my house, car, savings....in fact I'm negative 100K but still do pay child support to a mother who's been married 3 times since me.

    Here's a question: would I be sucessful in filiing a variance based on his receipt of his trust fund?

    Funny circumstances with the trust fund as well, this money was willed to him from his Step Father, who married mother AFTER me and passed away AFTER they divorced whereby she fought his 'estate' and argued that he would have paid child suport for my son (in addition to my own payments) and the Judge awarded this money from his estate into trust until he turned 18, which just happened.

    I've never had issues paying child suport, he's my son and I absolutely should support him despite his mother's constant remarriages, additional spousal support payments from her current and 4th divorce....but when I'm down and he's up....will the courts actually look in my favor? I don't own anything, literally, not a thing. I lost my house last year, my car etc etc, filed a form of bankruptcy whereby i am paying back a percentage of my debts....all the while the Ex. is laying on her back raking it in...(She's on number 5 now)...

    I can't even afford a lawyer to do this. Help.

  • #2
    Generally speaking, in Ontario, the cut off age is 18 for child support.

    Sometimes, child support can continue past 18, if the child is unable to care for themselves due to illness/disability, and/or continuing to post secondary education on a full time basis.

    Considering the fact that your child is of the age of majority, and able to support himself financially, whether that be in his own apartment or away at college, I don't see why you would be legally obligated to provide his mother with any financial support whatsoever.

    You can file a Motion to Vary your existing court order. Attach the old order, and a sworn affadavit outlining your facts supporting the reason for the variation.....wont cost a dime to file.

    Your ex will have 30 days to respond.

    Follow the procedures laid out in the Family Court Rules.

    It may take a few months, so get moving as soon as possible.

    Your case seems pretty straightforward so it should go well.

    Comment


    • #3
      Originally posted by representingself View Post
      Your case seems pretty straightforward so it should go well.
      It would be nice to hear of a Family Court case go well...keep us informed

      here is what you need to do

      http://www.attorneygeneral.jus.gov.o..._change_EN.pdf

      Comment

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