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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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Old 09-22-2010, 06:14 PM
99bobster99 99bobster99 is offline
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Default Ending Family Support Payments

Hello,

My daughter will be turning 18 in the next couple of months. I have not been in contact with her over the past couple of years. I am not even sure if she lives with her mother or not. Does anyone have any suggestions as to how one ends paying child support? Is it not that when the child is 18 or over and/or is not in the mother's care that I can out in a claim to FRO to stop my automatic deduction payments? I feel that I should be preparing something before she turns 18, should I be contacting a lawyer for legal advice?

Many thanks in advance for any suggestions!
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Old 09-22-2010, 06:22 PM
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Does your order say anything about how long your support is for?

You can not just stop paying once your child turns 18. If they are 18 and still living at home and registered in school, then you will still be forced to pay. You can be forced to pay until your child completes their first degree. Could be 24yrs old, and still be considered a "child of the marriage" Our system is one of the few that forces divorced parents to pay for their child's education that an intact family is not required to do.

Maybe it is to award them for having to live through hell.

If the child is not in school, but still living at home, they are not considered a child of the marriage, and child support should be able to be ended. To ensure that, you will most likely need to go to court and apply to have the child deemed "not a child of the marriage" The CP will most likely try to fight this so as they continue to receive support.
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Old 09-22-2010, 06:22 PM
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This is what i am trying to do now. I believe it is a motion to change that you have to file. I believe also you need a material change in circumstances, which i believe you can list as child turning 18, or living on their own.
I also believe that you should check your original order to see if there are conditions set out in it to the termination conditions for the order. If there are terms in your order and they are met then i believe you need to use those as your claim of change of circumstance.

Everyone please feel free to correct me. I'm new to this too.
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Old 09-22-2010, 06:24 PM
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My suggestion....email the ex the question, since you have no clue.

Last edited by InterprovincialParents; 09-22-2010 at 06:24 PM. Reason: repetitive comment
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Old 09-22-2010, 06:26 PM
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Also, your material change is not the age of the child, but that the child has ceased to be a child of the marriage.
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Old 09-22-2010, 06:27 PM
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A child can move out at 16 and cease to be a child of the marriage...it is not just the age that warrants a change.
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Old 09-22-2010, 06:27 PM
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When you are forced to pay support while the child is in school, can you request confirmation of enrollment in a school each semester, along with confirmation of completion of courses each semester, your child's tax return, osap financing, confirmation of graduation? Is this unreasonable?
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Old 09-22-2010, 06:29 PM
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Some orders are a "global order" which means that the support is to be paid until all children are considered "not to be children of the marriage"

You may have had 2 children 10 yrs apart. First child moved out at 16 and got married, and second child went to university to become a doctor.

You will be paying support for both children until the second is 24 yrs old, and the first child is 34 and a grand parent of their own.

And yes you can request confirmation that the child is registered in full time education.
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Old 09-22-2010, 06:31 PM
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WOW ..... did not know that
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Old 09-22-2010, 06:51 PM
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Quote:
Originally Posted by Spoonz View Post
When you are forced to pay support while the child is in school, can you request confirmation of enrollment in a school each semester, along with confirmation of completion of courses each semester, your child's tax return, osap financing, confirmation of graduation? Is this unreasonable?
If you have access, you can request this information once per year, legally, although there is not a lot of recourse if you are not provided it...Form 20, Request for Information...then you would file a motion to force the information to be provided, with cost awards often given to the party asking for the information.

That is why being involved with the child and the school is so important to the payor parents.
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