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  • child support and dropping out of school

    Hi, my husband has a boy from his first marriage who lives with the maternal grandparents 5 hours away from both his parents...his son just turned 17 and we just found out that he hasn't been attending school pretty much since after the Christmas break...he got formally suspended from school a couple weeks ago because he refused to not skip...he is no longer allowed to go back to classes..my husband gives the ex wife child support everymonth which she sends to her father/mother although she doesn't send the full amount--(she has a gambling problem and uses the rest to support her habit)...the son has gotten himself into all kinds of trouble besides skipping school he is taking presciption drugs to get high, smokes both cigs as well as other stuff, plus drinks too...he has also gotten himself involved with a woman who is much older than him who has 3 kids...he wants to move away with this woman and out of his grandparents home...now the question...does my husband still have to pay child support or can he stop payments since he is no longer in school...he just turned 17 and we weren't sure if he had to be supported until he was 18...we feel that since he is no longer being supported by any family members then support should stop now...of course his mother is more upset with the fact that she will not be getting anymore money to support her addictions...thank you for any help and all answers...Diane

  • #2
    Diane,

    Your husband will have to have the agreement changed, either by mutual consent, which may be difficult in your case or by court order. If it gets to court you will have to prove that the child, should no longer be considered a "child of the marriage". i.e. by not attending school or not living at home.

    Good Luck, anyway you & his father could turn this child around?

    Comment


    • #3
      Mikesgal,

      I am not sure where you are located but if you are in Ontario, you do have merit to bring the matter before the courts.

      1) First off, if the child is not living with the custodial mother, this situation alone clearly shows that the child has withdrawn from parental control. The grandfather is not the parent. The mother should not be receiving the child support for this child in any event as this in itself would be considered a material change of circumstances. Another issue is perhaps she is continuing to receive the CTB and GST, and heating rebates for the child also. If this is the case, this is fraudulent behavior depict by her.

      2) As far as the child being suspended from school, you will need hard evidence such as school records to corroborate this fact.

      3) In regards to the child being involved with drugs and ventured somewhat off track, this would be considered heresay, a quite serious allegation I may add, and you would need hard "without a doubt" evidence such as police reports, medical records, several witness's to confirm this fact.


      I would indeed take the matter before the courts. If anything it may help this almost adult child to get back on track before it is too late as it most likely he would be required to appear for same. I suspect either child support will be ceased or the proper person who is actually supporting the child would receive it. I would also request to have an order in place the the CCRA are to be informed of the changed living arrangements.
      Last edited by logicalvelocity; 04-02-2006, 12:45 AM.

      Comment


      • #4
        Hi Grace...thanks for the reply...do you know if my husband is still responsible for paying support at all now that his son is no longer in school??? Not sure if we are still required by law to support him until he is no longer a minor....thanks again for your help..and also if he is suppose to still pay until he is 18 shouldn't his mother be helping out with the support payments since he is living away from his mothers home and with the grandparents???..can't figure out why my husband has to pay the whole amount when she is not providing the home for him etc...

        Comment


        • #5
          Wow thanks to you as well Logicalvelocity for your response as well, you really shed some good light on the subject, we are still unsure of the fact of supporting him until he is of the age 18 whether he is in school or not..my husband has no problems giving his son money directly to help him out, but feels giving the money to the mother is not fair since she is not maintaining the home for him anymore...getting school records will not be a tough thing since my husband has already spoken to the VP of the highschool and she is the one who has given him all the information...BTW we do live in Ontario...thanks again for your information, I think I will sleep much better tonite

          Comment


          • #6
            Hi guys

            Well I'm not to sure on how the child support bit works, cause I never got any (thank goodness), but as to the child NOT being 18 - I believe (and I could be wrong), that it does not matter where your child lives you are still responsible for that childs actions (at least in Ontario).

            So figure this one out guy's - your child can decide that this child is able to live lets say at my place... (trust me and that kid thinks it has troubles at home.. ha ha ha).... anyway, lets say that child comes to live at my house and I agree. While staying at my house this child slash's the brand new fancy tires you got earlier in the day. You I believe have the right to sue the parents for the cost of the tires. This I do believe is something that you would be responsible for, which I don't think is EXACTLY fair, but hey... in this life what is fair.... (oooo new debate topic guy's.... come give me your opinions... )

            Comment


            • #7
              Unless extenuating circumstances warrent continuing beyond it, child support is usually mandated until the child is 18 when they are considered an "Adult". The idea is that by this time they are able to support themselves.

              The child support, however, should not be going to the mother as she is not "supporting" the child any longer. The grandparents are and that's who it should be paid to. I would consult an attorney about changing this.

              Hope it works out.

              Comment


              • #8
                In Ontario,

                the following statutes regulate the obligation to support a child of the marriage or relationship

                Family Law Act R.S.O. 1990, c. F.3

                http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK32

                Part III
                Support Obligations


                Section 31 subsection 1 and 2

                Obligation of parent to support child

                31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.

                Idem

                (2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control. R.S.O. 1990, c. F.3, s. 31 (2).

                and the federal statute may apply Divorce Act (Canada) for married spouses and depending if a claim is brought forth under this statute

                Divorce Act (Canada)
                R.S., 1985, c. 3 (2nd Supp.)

                [Assented to February 13, 1986]

                [1986, c. 4, assented to 13th February, 1986]

                http://laws.justice.gc.ca/en/D-3.4/index.html


                COROLLARY RELIEF

                Interpretation

                Definition of “spouse”
                15. In sections 15.1 to 16, “spouse” has the meaning assigned by subsection 2(1), and includes a former spouse.

                R.S., 1985, c. 3 (2nd Supp.), s. 15; 1997, c. 1, s. 2.

                Child Support Orders

                Child support order

                15.1 (1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to pay for the support of any or all children of the marriage.

                Interim order

                (2) Where an application is made under subsection (1), the court may, on application by either or both spouses, make an interim order requiring a spouse to pay for the support of any or all children of the marriage, pending the determination of the application under subsection (1).

                Guidelines apply
                (3) A court making an order under subsection (1) or an interim order under subsection (2) shall do so in accordance with the applicable guidelines.

                Terms and conditions
                (4) The court may make an order under subsection (1) or an interim order under subsection (2) for a definite or indefinite period or until a specified event occurs, and may impose terms, conditions or restrictions in connection with the order or interim order as it thinks fit and just.
                Court may take agreement, etc., into account
                (5) Notwithstanding subsection (3), a court may award an amount that is different from the amount that would be determined in accordance with the applicable guidelines if the court is satisfied

                (a) that special provisions in an order, a judgment or a written agreement respecting the financial obligations of the spouses, or the division or transfer of their property, directly or indirectly benefit a child, or that special provisions have otherwise been made for the benefit of a child; and

                (b) that the application of the applicable guidelines would result in an amount of child support that is inequitable given those special provisions.

                Reasons
                (6) Where the court awards, pursuant to subsection (5), an amount that is different from the amount that would be determined in accordance with the applicable guidelines, the court shall record its reasons for having done so.

                Consent orders
                (7) Notwithstanding subsection (3), a court may award an amount that is different from the amount that would be determined in accordance with the applicable guidelines on the consent of both spouses if it is satisfied that reasonable arrangements have been made for the support of the child to whom the order relates.

                Reasonable arrangements
                (8) For the purposes of subsection (7), in determining whether reasonable arrangements have been made for the support of a child, the court shall have regard to the applicable guidelines. However, the court shall not consider the arrangements to be unreasonable solely because the amount of support agreed to is not the same as the amount that would otherwise have been determined in accordance with the applicable guidelines.

                1997, c. 1, s. 2.

                Comment


                • #9
                  Thanks again for all the helpful advise on this subject.. since I have posted this thread the "son" has moved back to this area with the g/f and her 3 kids...we found out the biological mother was only giving her father $50.00/week towards the child support to her son and keeping the rest ($425.00), we told her that she could keep the April support payment but she had to give the whole amount to her son so he could get on his feet...she stated to her son that she really wasn't entitled to cash the cheque however she was going to cash it anyways just to see if she could...(what a bitch) she decided however that she was going to hold back $100.00 of that money because the son was staying at her house for a day or 2 while he was preparing to find a place of his own Monday we are putting a stop payment on the rest of the post dated cheques..I will keep you all up-dated...thanks again

                  Comment

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