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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-10-2018, 01:29 PM
sprdad sprdad is offline
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Default Child Support and one kids reachoing 18yrs

I need some help based on your experience with my situation

12 yrs ago when I separated on my separation agreement the child support amount was not based on the tables, we agreed to a fixed amount, for our both kids.

3 years ago my oldest son moved in with me and I continued paying child Full support, he is turning 18 yrs old this summer.

I've discussed via txt message with her mom on paying only 50% of the child support due the oldest reaching 18 yrs old. And mom is not cooperating for son university cost even when she agreed to in the agreement.

What do I have to do in order to reduce the child support payment to 50% to pay for only one son?

tahnks
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Old 05-10-2018, 01:37 PM
rockscan rockscan is offline
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You will need to do several things.

First you need to figure out the proper amount of cs for the past three years based on your income for those years.

Next you need to file a motion to change your agreement. The changes you are looking for are updated cs amounts and post secondary expenses.

From there you can make an offer to settle for what you might be willing to accept but dont count on it.

Your motion is needed to update cs because if you are in a province with an enforcement agency she can file the agreement to be enforced.

The motion will also help recover her portion of the costs for school.
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Old 05-10-2018, 01:40 PM
sprdad sprdad is offline
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thank you very much
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Old 05-10-2018, 01:54 PM
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Giving the fact we are already divorced and many of the terms are no longer working, can be this done with a new separation agreement?
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Old 05-10-2018, 02:07 PM
sprdad sprdad is offline
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Another question if mom and I had agreed to a fixed amount should I file Form 15D Consent Motion Change Child Support ?
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Old 05-10-2018, 02:32 PM
rockscan rockscan is offline
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You arent filing a new agreement. You are filing for a change to that agreement. It doesnt matter what the rest of it says, the money part is obviously the only part that needs updating since the kids are old enough to make their own decisions.

If you agree to a new amount and the school expenses then you can file a consent motion. Best to see what she wants to do (put an offer out) and go from there. If she refuses then you file a motion to change.
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Old 05-10-2018, 02:39 PM
sprdad sprdad is offline
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Quote:
Originally Posted by rockscan View Post
You arent filing a new agreement. You are filing for a change to that agreement. It doesnt matter what the rest of it says, the money part is obviously the only part that needs updating since the kids are old enough to make their own decisions.

If you agree to a new amount and the school expenses then you can file a consent motion. Best to see what she wants to do (put an offer out) and go from there. If she refuses then you file a motion to change.

I think the best way is going to be filing a Consent of Motion to Change Child Support Form 15D
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Old 05-10-2018, 02:54 PM
rockscan rockscan is offline
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But she doesnt agree?
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Old 05-10-2018, 02:57 PM
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We had agree via TXT message, I will have to fill out the 15D and get it signed.
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  #10  
Old 05-10-2018, 03:12 PM
rockscan rockscan is offline
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What are you going to do about the school expenses?
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