Still paying after post secondary degree

U

uptohere2017

New member
Hi All, I'm a newbie here. My ex has an order that I pay for my child for post-secondary education. No problem. I've been paying but just found out (from another source) that my kid graduated with a degree a long time ago. Neither one of them contacted me and when I contacted FRO to let them know, they said my ex doesn't agree so I have to go back to court. My kid is estranged now from all the shenanigans and back-stabbing from the ex so I'm not going to get help from either of them. What's the best evidence for me to use and how likely am I to recover retroactively the amount I have overpaid her? This is a case out of the ONSCJ. Any help would be appreciated.
 
Still paying after post secondary degree

FRO was wrong. Theres a form you fill out that they send to your ex for proof they are still in school. This will only stop support. If you want to be paid back then yes you will need an order.

Call FRO back and ask for a supervisor. Tell them you want the form to stop support sent to you (ask for it to be emailed) and that you want support to stop while this process is going on.

If that doesnt work you ask for another supervisor.
 
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Thank you for the advice and the document. FRO actually sent a letter stating that they would still enforce the Order and they had no authority to stop enforcement. They said it would be a matter for the Court to decide. My concern is that the ex is going to come up with some reason as to why my kid can't find a job or needs more education, etc. I'm not even sure my kid knows that support is still going to my ex. I'm fine if my kid still needed the money for school but I don't like being taken for a fool and having the ex use child support money for her own personal needs.
 
I'm curious what you actually said to FRO for them to tell you what they did and send a letter like that. How do they know your ex doesn't agree?

They should have put a hold on future funds collected until it's resolved. They should have sent you a copy of the form. Send the form in yourself. She has 30 days to respond to it. If she doesn't respond then FRO stops collecting. If she responds saying she doesn't agree then you'll have to take it to court.

Do you have CS arrears? How old is kid?
 
There were arrears but they are being paid now for years. We sent a letter to FRO and they simply sent a letter back saying she doesn't agree that support was ended and we would have to seek out a court order. We have very ample evidence that the child is working and even have the date of the post-secondary education. Seriously, is there any way that she can wiggle out of this? She has kids by a few different men and this is just the latest cash grab she is using to get more money.
 
What's the best evidence for me to use and how likely am I to recover retroactively the amount I have overpaid her?
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Bring a motion to change, seeking:
- disclosure of your children's university transcripts from [relevant date] to present
- termination of child support for each child as of date of completion of or withdrawal from full-time post-secondary
- if the termination results in there being an over-payment, for that over-payment to be repaid on a reasonable schedule
 
Would I need to seek disclosure of transcripts for this particular child? My concern is that if that is in the motion, she will ask for more time (delay) to get them. I was thinking just to ask for termination of child support and to affix the evidence that my child is no longer in school to the motion in the form of Affidavit exhibits.
 
You ask for proof of enrollment and/or transcripts. If you do it formally through a motion to terminate cs then she has a time limit on responding. Transcripts are easily accessible, record of enrollment requires input from the registrar and its summer intersession so there isnt too much of a workload.

I think you can ask for a quick turn around. Plus if you file the motion now you can share with FRO and they will stop garnishment/enforcement and withhold the funds.
 
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