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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have to get a court order to stop child support can I do

Customer Question

I have to get a court order to stop child support can I do it without talking to my ex my daughter is now 21 and not going to school and is not liveing at home and what can I do to fix this fast
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

You will have to serve your ex spouse with the application to stop vary the court order ending the support.

You can send a letter stating that if your spouse consents to the order you will not seek your costs of the application. If your spouse consents then you do not need to attend court and this will be done over the counter. So it will not matter to you very much if she consents and you don't seek cost.

But if you to go to court you will seek your costs which you will get because you will succeed as your daughter is no longer entitled to child support.

Do you see what I mean?

Customer: replied 10 months ago.
I live in Edmonton Alberta she is in London Ontario how can I do that without taking time off my job I haven't worked in six months do to a motorcycle accident and cant aford the time off
Expert:  Legal Ease replied 10 months ago.

You can do all the paperwork from your home and contact the court with respect to being able to attend the motion by way of telephone conference. Most of the courts in Ontario can now accommodate that but not all of them so you should call and find out if this can happen. It is not likely that you will have to travel to Ontario.

Of course, the hope is that your ex-spouse will consent because there's no reason not to do so since the law is clear.

Customer: replied 10 months ago.
What would happen if she consent can she be charged with something
Expert:  Legal Ease replied 10 months ago.

There must be some typos in your last post. Can you review it and correct them as I'm not sure what you

are asking.

Customer: replied 10 months ago.
What will happen if she dont consent to it
Expert:  Legal Ease replied 10 months ago.

Then you have to appear for the motion but my point was that you can likely appear by way of conference call and argue before the judge that support would end because the child is no longer attending school and is an adult.

Customer: replied 10 months ago.
Thank you for your help I will talk to my lowyer ive been working on this for two yeas I just wont it dealt with so I can move forward in my life
Expert:  Legal Ease replied 10 months ago.

You are very welcome. I hope this works out.

Customer: replied 10 months ago.
Thank you for your help now I have to find someone who will deal with my case
Expert:  Legal Ease replied 10 months ago.

You are very welcome. I hope it works out.

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