My child is 16 and doesn’t live with ether parent by my ex is going after me for child support. Saskatchewan. No it was

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Customer: My child is 16 and doesn’t live with ether parent by my ex is going after me for child support
JA: How old is the child? What state do they live in?
Customer: Saskatchewan
JA: Is there an agreement for payment of child support?
Customer: no it was reinstated by her
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by ulysses101 in 18 mins 1 year ago
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ulysses101
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ulysses101, Expert

Hello, thank you for the question.  Where does the child live?

Customer
In Saskatchewan same as me but different city her mom lives in Manitoba
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ulysses101, Expert

Lives with who?  Friends?  Family?  Partner?

Customer
18 year old boyfriend and his mother
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ulysses101, Expert

I see.  And is the provincial support enforcement agency trying to collect the support from you, from an old order or agreement?

Customer
my ex reinstated the old order and is going al the way back from when my daughter moved out of her moms house and into mine back in March 2020
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ulysses101, Expert

You can oppose this by having your daughter write a letter that's signed and dated, or even better a Statutory Declaration, saying that she's living with her boyfriend as an independent adult despite her age.  Then send that to the provincial enforcement to see if they'll treat that as a Terminating Event to the support obligation.  If they won't then you have to take it to court.  There's no other option.

Does that make sense?

Customer
thanks but why do should I have to pay when she isn’t living with ether parent?
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ulysses101, Expert

Because there's an order that says you're to pay.  MEP doesn't know that the child isn't living with you or with your ex, and on some level they don't care.  Its job is to follow the order, and the current order is that you pay.  They aren't a court and they can't ignore or vary these orders; they exist to collect.  If you have evidence that the support ought to change or cease, then you need to change the court order by going to court.  That's what they'll tell you if they press you.  But if you have strong evidence that the child doesn't live with the mother, you can ask them that if they must garnish / collect from you, that they hold onto it while you're sorting this out rather than give it to the mother.  If you ask nicely and are sympathetic, they might do that for you.

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