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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101381
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Is it legal for my ex to claim child support even though our

Customer Question

Is it legal for my ex to claim child support even though our son isn't living with him and is getting welfare?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Ontario canada
JA: Have you talked to a lawyer yet?
Customer: My lawyer of 15 years removed himself after he tried to call me and my phone number was disconnected. If he emailed me I would've known about this but he chose not to.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Customer: replied 1 month ago.
Expert:  Legal Ease replied 1 month ago.

I am sorry to hear of this difficult situation.

No. The father is not entitled to receive child support if the child is not living with him.

So if there is an order or agreement this is a material change of circumstance and you can seek to vary the order, essentially ending the support and paying you back if there are any monies you paid since the child moved out.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
I have been living in another country but I still contact my son regularly. Also, all my mail that goes to my old address has been forwarded to my brothers house. I did not receive any notification about this court date. How did my ex get a judge to move forward with this matter and make a final order without my knowledge ?
Customer: replied 1 month ago.
Strangely, the final order was mailed to my brothers address.
Expert:  Legal Ease replied 1 month ago.

I don't know.

You will have to call the courthouse and ask for someone to check to see how the court was told you were served and you can say that you were not.

You may have to bring an application to the court to set aside the order that was made in your absence.

Customer: replied 1 month ago.
Can I do that without returning to Canada?
Expert:  Legal Ease replied 1 month ago.

Yes but you will have to have a lawyer to act for you. It is not likely possible to self-represent from overseas given these facts.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?