Our Child Has Come to Live with Me, How Do I Stop My Child Support Payments to My Ex? By John P. Schuman Blog, Family LawDecember 12, 2019September 30, 2020 Child support payments are based on where the child actually lives, not where a Court Order or Separation Agreement says that they are living, or should be living. Since child support is the right of the child, it is also irrelevant as to why the child is residing in one place as opposed to another; child support goes to the parent with whom a child is primarily living with. However when a child’s situation changes, the Family Responsibility Office (FRO) does not have the authority to stop collecting child support. As with many instances within family law, there are various ways in which one can resolve a situation. If both parents agree that the child has changed homes, is not longer entitled to child support (note: child support does not always end when a child turns 18), or is living on his or her own, then they can write to the FRO and request a cease on further child support payments. Subsequently, the FRO will verify the information with each parent before honouring the request. Alternatively, the receiving parent can obtain a withdrawal form as a means of notifying the FRO. When a child changes residence, child support payments should not be terminated. The parent whom the child was living with initially, is now responsible for making child support payments. Because of this, some parents are reluctant to acknowledge that a child has moved. However, not paying child support, and not agreeing that you should stop receiving child support, is highly frowned upon in family court. Cases whereby one parent refuses to adhere to the guidelines, often results in having to sit in front of a judge. Only a judge can look at the circumstances and determine which parent should be paying support and how much (it is also possible to arbitrate those issues if both parents agree) The judge will inform the FRO on how to proceed. Many people may avoid seeking the appropriate change to child support because of the complexities of the family court’s procedures. The Ontario Government’s Child Support Online Recalculation Service only changes support when a support payer’s income changes in a particular way; it cannot change support because a child’s circumstances changed. Fortunately, there is a simplified court procedure for changing an existing support order. That procedure is based on the premise that there is no dispute about the facts of the case. Where a child has clearly changed homes, that fact should be clear to the Court. Ideally, when a parent serves a “Motion to Change Support”, that will be enough for the other parent to acknowledge the child has moved and agree to a change in support. A party who fails to acknowledge the obvious and is ultimately forcing a parent through the court process, can expect to pay the majority, or all, of the other party’s legal fees. Certified Specialist in Family Law John Schuman, has extensive experience assisting complicated child support and custody/access parenting matters. Contact John Schuman at 416-446-5869 or john.schuman@devrylaw.ca “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Related Posts By Amy E. Jephson and Kathrin Gardhouse Blog, Family LawSeptember 25, 2020September 29, 2020 Determining the Child Support Obligations of a Step Parent A spouse who stands in the place of a parent to a child can be obligated to pay child support, according to s. 5 of the Ontario Child Support Guidelines (“Guidelines”). The amount a step-parent will be ordered to pay is at the discretion of courts. When exercising this discretion, the court will look to [...] Read more By Mason Morningstar Blog, COVID-19, Family LawMay 4, 2020September 30, 2020 Changing Child Support or Spousal Support Payments During COVID-19 Child and spousal support obligations take effect either pursuant to a court order or a separation agreement (to be sure, many people make informal arrangements amongst themselves, though this is rarely advisable). Separation agreements typically contain review clauses which outline the process for changing a payor’s child or spousal support obligations, along with what kind [...] Read more By Andreina Minicozzi Blog, COVID-19, Family LawApril 27, 2020September 30, 2020 How is COVID-19 affecting child and spousal support in Ontario? The coronavirus pandemic has brought far-reaching economic shock waves across the country. Over one million jobs have been lost in Canada due to COVID-19 in the month of March alone. As this crisis continues and more jobs and businesses evaporate, support payors and support recipients are going to feel the financial strain. If you are a support [...] Read more By Mason Morningstar Blog, Family LawFebruary 8, 2019June 14, 2020 No comments yet When Can I Stop Paying Child Support? Many payer parents in Ontario mistakenly assume that child support automatically ends when their child turns 18. The law, however, says otherwise. The basic premise of child support is to ensure that children benefit from the support of their parents when they are unable to become self-sufficient. Viewed in this light, the question of age [...] Read more By John P. Schuman Blog, Family LawJanuary 31, 2019June 15, 2020 No comments yet I Have Children From a Previous Relationship. I’ve Since Remarried and Have Children with My Current Wife. How is Child Support Calculated for My Eldest children? In recent years, it has become more commonplace to see “complex” families where one (or more parents) have children with several other parents or is a step-parent to children in other families. Therefore, how child support is calculated when one parent has children with several other parents is an increasingly common question. The solution is [...] Read more