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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3520
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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If my child moves out and has a child of her own do I still

Customer Question

If my child moves out and has a child of her own do I still have to pay child support
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
far I'm not satisfied... No response
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question. I know that this is set up like a chat, but the experts aren't site employees. We're up and down from our computers, as we address other questions and whatever else we're doing. So please be patient.

Can you tell me a little more about your situation? I assume that you have a daughter for whom you are paying support, who normally lives with the other parent? How old is that child?

Your daughter is having a baby of her own and is moving out or has moved out?

What province are you in?

By what instrument are you paying support? Is it a court order, or a domestic contract, or something else?

Customer: replied 1 year ago.
She lives with myself, I'm a step mother and her father, we found out she wants to keep the baby but staying here with the baby is not an option... She is 15 we are in Ontario
Expert:  Ulysses101 replied 1 year ago.

OK, so she's going to have a baby and hasn't moved out yet.

You're the stepmother to this 15 year old. Can you tell me about who is paying support to whom?

Customer: replied 1 year ago.
She's still living with both of us
Expert:  Ulysses101 replied 1 year ago.

And who is paying support to whom? Or as you asking if you'll have to pay support if and when she moves out?

Customer: replied 1 year ago.
that's right she's 3 months pregnant and is moving out when the baby is born
Expert:  Ulysses101 replied 1 year ago.

What adults are involved in this 15 year old's life? You're the stepmother; the child's father is your partner? Where is the child's biological mother, involved in the child's life?

Customer: replied 1 year ago.
She is deceased
Customer: replied 1 year ago.
Just her father and I
Expert:  Ulysses101 replied 1 year ago.

I see. And are you with the child's father at the moment?

Expert:  Ulysses101 replied 1 year ago.

Ah, sorry. Our messages crossed paths. No need to reply yet, I'll answer you now....

Expert:  Ulysses101 replied 1 year ago.

This comes down to where the child is going to move to and what her income will be. If she applies for student welfare, wherever she is living, you can expect your local welfare office's Family Support Unit to contact you. Their job is to get support payable for welfare recipients so that they can give less money to the person on welfare.

If that happens, then it's likely that you could make a deal with them that you'd pay some support, perhaps less than guideline.

If the child moves in with the father of the baby and she's living independently as an adult then nobody is likely to take you to court for support. She still could try, but if she's living independently and has withdrawn from parental care and control then it's unlikely you'd be forced to pay.

When I say "you" I refer primarily to the child's father. I can't see any circumstance whereby a judge would order both you and the child's father to each pay child support, especially since you're still together with the father.

Does that make sense? Please reply with your questions or comments. If I've answered you fully then I'd appreciate a positive service rating please.

Customer: replied 1 year ago.
Thank you
Expert:  Ulysses101 replied 1 year ago.

Anything else about this situation to discuss?

Expert:  Ulysses101 replied 1 year ago.

Any new developments on the child moving out?