Forms to file in court to end CS

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PayingDad

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I am getting ready to file a motion to change. I just sent out the form to find out if the CS was assigned (I believe my ex is on social assistance). My daughter is 18, not in school and is working, I have no contact with her or my ex.

I have served both my ex and FRO with a request to end support through FRO. In the one I sent my ex, I gave her 10 days to respond, that was 3 months ago. For FRO, I sent them everything they required so we could end support. I have not got a response from either party. Obviously my ex won't agree as her money would stop. FRO will not return any of my calls, I have called my case worker over 15 times over the last couple of months, always polite and always left a message for him to call me, he has never called back - not once! There is no other way to contact FRO.

I want to end support so I am going to file a motion to change. What other forms do I need to file and do I need to submit financial records in order to end support?
 
Was it the "notice to end support"? that you sent FRO. Did you send it registered mail/signature required?

If so, and if you have already sent your ex a written request to provide proof of full time enrollment in school for your child, and it's been ignored, then do the following:

1. Send the ex a final request via registered mail, signature required, requesting she provide one of (1) Proof of child's enrollment in full time education or (2) sign the form to withdraw/halt from FRO. (Send the form filled out so it requires ONLY her signature).

2. If the ex does not respond after receiving that, you take your proof of signature of docs sent to FRO, the proof from step 1, and you file a motion with the court asking for (1) support to be terminated as the child is no longer a child of the marriage as per the definition, (2) For the CS amounts paid over the last X months be returned, and (3) for costs.
 
Will I need to file financial statements? I have already done the 2 things you stated and am now at the court filing stage. I sent registered letters to my ex and FRO and the forms for her to sign and the notice to end support and did not get any response from either her or FRO. FRO will not even return any calls, I was hoping to get at least some sort of response from them.

I went to the court office today and got a form 15 and a form 15a. Is there anything else I need?
 
Financial statement one...whatever it is...(I'm not in Ontario, so I don't know the exact form names).

Fill that one out too. Almost guaranteed you will need it.
 
Thanks, I was hoping I didn't have to do the financials, they want the last 3 years and I will really have to go digging to find my old NOA's, etc.
 
I just sent one more registered letter to my ex asking for her to sign the papers to end support or to provide me with proof of full-time education enrollment and attendance records. I gave her 10 days to respond and also let her know that I would have no other choice but to initiate court proceedings against her and that I will be seeking all court costs and repayment of all child support paid since Feb 2013.

I included the FRO forms already filled out, only requiring a signature from her. I know that she will not do a thing. If I was awarded court costs and over payment of support, how would they make her pay? She is on social assistance.

Ug, I just wish this would end, it's been going on for almost 19 years.
 
I believe you only need the Forms 15 & 15A and from what I'm reading you DO NOT need to provide Financials.

It states:

(To be completed by the party bringing this motion—check the box of any paragraph that applies to your case:)

This case does not include any claim to change support, and a financial statement is therefore not attached.

The case only includes a claim to change child support in accordance with the table amount specified under the Child Support Guidelines and a financial statement is therefore not attached.

This case includes a claim to change support other than child support in the amount specified in the table of the applicable child support guidelines, and a financial statement is attached. You MUST fill out a Financial Statement (Form 13 or 13.1), serve a copy on the person(s) bringing the motion to change and file a copy in the court office with an Affidavit of Service (Form 6B) even if you do not respond to this case.

I would check the one that I highlighted above and go from there.

Best of luck
 
Thanks, I am going to see Duty Counsel to get some legal advice about this whole thing and to make sure I file the proper forms. I cannot afford a lawyer, yet make too much to qualify for legal aid.
 
He's not trying to change the amounts to table. He's trying to terminate it completely. :D

Err on the side of caution. If you need the last 3 years of NOA's...call CRA, they can mail them to you.(takes like 10 days)
 
Thanks everyone. Hopefully I can get this done without going to court. Is this something that can be handled without a lawyer, I cannot afford one.
 
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