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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 08-11-2014, 03:01 PM
singledad75 singledad75 is offline
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Default Increase in support

So my 17 year old (18 in a month) has decided that he doesn't like our rules and that his moms house is the better option to live at. To be honest I would too if there are no expectations. We want him with us but not at the cost of breaking up the rest of us with the fighting and arguing.

His mother and I have always had a 50/50 split. Since he has left (she says he was kicked out) she is now asking for an increase in child support. She would like the monthly rate tripled since he is no longer here.

I get that there are support guidelines to follow but he left on his own. The door is open for him to return at anytime but not without following the house rules.

Do I have any rights to hold back additional support? I have made it very clear if he needs something he just needs to call and ask. I don't want to just write a cheque each month without being actively involved.

He also refuses to look for a job. He has graduated but is happy volunteering for free occasionally. So far he hasn't handed in one application to try and seek employment.

Thanks in advance!
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Old 08-11-2014, 03:06 PM
Straittohell Straittohell is offline
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He has graduated and is not opting to go to school? Scan through some of the threads on the subject, but I am pretty sure than once a child is 18 and not pursuing post-secondary, you don't have to pay support anymore.

Even if we was going to college or university, I don't see how the amount would triple. Have you looked into the support table guidelines?

How much do you and your ex make? Do you have an agreement that disregards the support guidelines?
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Old 08-11-2014, 03:14 PM
Straittohell Straittohell is offline
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Some perspective:

Termination of Child Support in Ontario // Solution to Your Support Payment and Family Responsibility Office (FRO) Problems<

"
Child support termination under the Family Law and the Divorce Act


In cases when child support termination date is not specified in the support order, determining termination of the support is directly related to the way the law - the Family Law Act or the Divorce Act - defines a child's eligibility for support.
Under the Divorce Act, a child is defined as a child of the marriage. A child of the marriage legally means the child of two spouses who at the material time:
  • is under the age of majority (under 18 in Ontario) and who has not withdrawn from their charge, or
  • is at the age of majority or older and under the charge of one of his or her parents but unable to by reason of illness, disability or other cause to withdraw from their charge or obtain the necessities of life.
Under the Family Law Act in Ontario, child support is limited to someone under the age of 18 or over the age of 18 and in a full time program of education.
It is generally accepted that a child who is pursuing post secondary education is unable to withdraw from parental charge and as such qualifies for support. There is some suggestion that the Family Law Act obligation is somewhat more restrictive than the Divorce Act obligation because the child must be in a full time program of education. "

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Of course, if you are not in Ontario, this is moot, and you need to research laws specific to your province. If you are in Ontario and you are paying through FRO, you would need to notify them of the change and indicate that you should not be paying since he is no longer in school and is 18.

If you are in Ontario and not paying through FRO, I would suggest waiting until the end of September to tell your ex that you will no longer be paying any support since he is no longer in school, and is no longer a 'child' of the marriage. He is now an adult and gets to fend for himself. If your ex wants to let him live there for free, she can, but it doesn't have to be on your dime any longer.
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Old 08-11-2014, 03:54 PM
Once.is.enough Once.is.enough is offline
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You may argue that he has removed himself from parental control and avoid cs. At the very least let your ex invest a few dollars in court action before you conceded anything.
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Old 08-11-2014, 04:05 PM
stripes stripes is offline
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Is your 50/50 split part of an agreement? And the child of his own volition left and went to his mother's house (in other words, you didn't send him there)? If so, just keep following the agreement and paying offset. Mom should be following the agreement and sending the child back as scheduled - if she's not willing to step up and do this, she's reaping the consequences herself. Mom can seek to have CS adjusted retroactively reflecting the changed residence of the child, but it's unlikely this would amount to much because of the child's age.

As other posters have noted, when he's 18 he will no longer be a child of the marriage (unless he's in school full time) and no CS will be payable. However, be prepared for the ex to dump him back on your doorstep once he is no longer a financial asset to her. You may wish to think about contingency plans in the events that he "boomerangs" back to you.
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Old 08-11-2014, 04:52 PM
DowntroddenDad DowntroddenDad is offline
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If it is a month to go, then I would be sorely tempted to point out to her that your obligations will end unless he is enrolled full time in an educational institution, and offer her table support for the one month till then, reflecting him living with her full time, but only for that month.

Are FRO doing enforcement? If so I would call them.

I had the reverse situation, and my ex wouldn't do the paperwork, so I called FRO and they did all all the paperwork, and since it was 4 months from when my son moved in with me, they adjusted the support so that one month I didn't pay any support to cover the amount I paid to her for my son when he was in fact living with me.
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