 |
 | Home | Contact Us | FAQ | Search & Site Map | Link to Us |
 | Sign In | Join | Other 45 Sites in Network |
Family Forum / Parenting / Parenting / June 2008Child Support in Ontario - When the Child Moves
My cousin's husband is a non-custodial parent who pays child support to his ex wife for his two daughters. The daughters are going to start living with their father full time starting in September. This is at their request and their mother (the custodial parent) is in full agreement as she says she can't handle them anymore. As of now, they are not going to court or planning to execute any legal documents to change the custody from the father to the mother, or to acknowledge that the children will be living full time with the father. The ex wife has talked about selling her home and getting a smaller one for herself, and she won't be maintaining any regular place for the children to live. Questions: From a legal standpoint, can the father stop paying child support to his ex-since the children will not be living with her anymore. He thinks that he can simply stop paying since the children will be living full time with him. His wife (my cousin) is afraid that at some later date, the ex can come back and say that he owes child support, even though the girls were not living with her. Additionally, there's the issue over whether the girl's mother should start paying child support to the father, since she doesn't want them living with her anymore. Lastly, the mother is remarried to a man who lives in South America, and they suspect that she may be wanting to move there to be with him. Is it OK to leave this as a handshake deal, or should they be going for something more formal? > My cousin's husband is a non-custodial parent who pays child support > to his ex wife for his two daughters. [quoted text clipped - 34 lines] > Is it OK to leave this as a handshake deal, or should they be going > for something more formal? === Your cousin may have reason to be concerned. In the US, as long as there is a CS order in place, it is owed and is separate from custody arrangements. In other words, he owes and is liable for the support until the order is changed by a judge (not the parents). She may never come back to court for the money but she could, and that alone may inspire her when she finds herself in a financial pinch. >> My cousin's husband is a non-custodial parent who pays child support >> to his ex wife for his two daughters. [quoted text clipped - 41 lines] > to court for the money but she could, and that alone may inspire her when > she finds herself in a financial pinch. This is good advice. The OP needs a change of custody order and a modification of CS order stopping CS accruals on the old order and establishing the new amount to be paid by the mother. It depends on Canadian law, but in the U.S. those items can be done simultaneously and if done by stipulation, be accomplished quickly. From a strategy standpoint press the issue for these changes BEFORE taking on custody of the children. That will give your husband leverage to get the stipulated changes in place quickly. >>> My cousin's husband is a non-custodial parent who pays child support >>> to his ex wife for his two daughters. [quoted text clipped - 51 lines] > on custody of the children. That will give your husband leverage to get > the stipulated changes in place quickly. I meant father not husband, but the advice for your cousin's husband is the same. > >> <sgallag...@rogers.com> wrote in message > >>news:cced07b5-9307-4b31-a0db-682bdf0beb0c@t54g2000hsg.googlegroups.com... [quoted text clipped - 56 lines] > I meant father not husband, but the advice for your cousin's husband is the > same. Thanks. I will encourage my cousin and her husband to at least speak with a lawyer. <sgallagher@rogers.com> wrote... > Is it OK to leave this as a handshake deal, or should they be going > for something more formal? A verbal agreement isn't worth the paper it's printed on. Seriously, formalizing things keeps everyone honest. > <sgallagher@rogers.com> wrote... > [quoted text clipped - 4 lines] > > Seriously, formalizing things keeps everyone honest. Yea, in her mind she thinks she's doing him a favour by letting the kids stay with him and he doesn't have to pay her any C$ anymore. She has done him such a big favour that she also figures she doesn't have to pay C$! LOL > > <sgallag...@rogers.com> wrote... > [quoted text clipped - 8 lines] > stay with him and he doesn't have to pay her any C$ anymore. She has done > him such a big favour that she also figures she doesn't have to pay C$! LOL Well whether or not the children are living with the children the mother the father is required to pay CS. Finalize this or you risk getting in trouble with the law. |
Reply to this Message |
 Sign In
 Join
 My Latest Posts My Monitored Threads My Blog My Photo Gallery My Profile My Homepage Start New Thread Enable EMail Alerts Rate this Thread
|
©2010 Advenet LLC Privacy Policy - Terms of Use
This website includes both content owned or controlled by Advenet as well as content owned or controlled by third parties.