I have a daughter and her mother has sole custody. My daughter has been staying with me since February 19th and I am

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Customer: I have a daughter and her mother has sole custody. My daughter has been staying with me since February 19th and I am currently up to date with my child support. I pay $696 a month and late March I asked my ex if she can help with giving some support back. Over three months she offered $120. I’m legally obligated to pay but am having a hard time with still having to pay for my daughter being here. What are my options? Feeling lost and sinking in a hole ...
JA: How old is your daughter? What state does she live in?
Customer: My daughter will be 10 in August and I’m in Manitoba.
JA: Is there an agreement for payment of child support?
Customer: Yes I’m with MEP for $696 per month right now.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think of, I’m just curious if there is a way to suspend payments while she’s with me full time.
Answered by Debra in 11 hours 2 years ago
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Debra
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Debra, Expert

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.

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Debra, Expert

I am sorry to hear of this difficult situation.

Is there only one child? And has the child been living with you full-time since February 19?

Customer
er having a hard time getting her to school I decided to intervene. So from February 19th she's been with me other Han one or two Saturday nights into Su
Customer
nday she'd stay with her.
Customer
only the one child , Jenny (my ex) has sole custody from practically day one. I use to only get my daughter on weekends but with me out of work and h
Customer
We've had a good co parenting situation for our daughter but now I'm just feeling used even more. Just was wondering if there's a way to suspend payment
Customer
s while she is with me. I know I'm legal to lighted to keep up my MEP payments but it's just been getting harder now.
Customer
with me asking her to offer back half of the payment I'm giving to her she's reluctant and told me to contact a lawyer.
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Debra, Expert

But you are not quite correct. If custody has changed and the child has been living full time with you then not only do you not pay support but the mother has to pay you support.

You get full support based on the mother's income and the federal child support guidelines. The child has been living with you for over 60% of the time for almost 3 months!

You can seek to vary the support based on this material change of circumstances and if this is causing you to suffer hardship the court may agree to hear an application to vary the order on an urgent basis over the phone.

As well the courts may start to open at least a bit more shortly.

I suggest that you have a lawyer send her a letter setting out what I explained and threatening court.

Does that make sense?

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
this makes sense , thanks for the help Debra. Thanks, Stephan
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