I’m having an issue with a family law problem I’m paying child full child support when I’m pretty sure I shouldn’t be

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Customer: I’m having an issue with a family law problem I’m paying child full child support when I’m pretty sure I shouldn’t be what do I need to take to rectify the situation?
JA: How old is the child? What state do they live in?
Customer: My daughter is going to be 23 years of age living in bc
JA: Is there an agreement for payment of child support?
Customer: Sort of this is where the gray area is due to the fact that she doesn’t live at home she lives in Kamloops where she resides with her boyfriend however she is attending post secondary
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My ex hasn’t been honest in court our daughters income is a lot higher that divulged
Answered by ARLENEP41 in 18 mins 12 months ago
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ARLENEP41
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ARLENEP41
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Jessica

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ARLENEP41, Expert

Hi, my name is Arlene.  Welcome to Just Answer, I’m your expert and I’ll be assisting you today.

Just a general disclaimer that this conversation is for informational purposes and I am not your lawyer. The information discussed is for general use only and a lawyer would be necessary to preserve any of your legal rights. Please note that the system may ask you to participate in a live call.  This is an automatic feature and I typically work only through the chat option.

One moment I'm working on your question

Customer
Ok thank you
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ARLENEP41, Expert

no problem.  now is there a court order or separation agreement?  will the other parent consent to a reduction?

Customer
Only says that I pay if she is attending college full time my daughter is attending however she takes only three courses per semester which is the bare minimum
Customer
no the other parent will not consent to a reduction
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ARLENEP41, Expert

ok then you are definitely entitled to a reduction but you will have to file a claim. one moment

Customer
I would like to pay my daughter directly not pay my ex due to the fact she cannot be trusted
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ARLENEP41, Expert

I understand.  Do you want to use local counsel or will you file yourself?

https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms

https://www.provincialcourt.bc.ca/types-of-cases/family-matters

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ARLENEP41, Expert

you would start with form 3, application about a family law matter

Customer
I'll be filing myself due to lack of funds to pay for a lawyer
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ARLENEP41, Expert

ok makes sense.  Open form 3 which is on the first link and tell the court what your asking for.  After you file it you have to serve the other parent.

Customer
Will I have to explain why
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ARLENEP41, Expert

Yes, you explain what the change of circumstances is ie. she's not taking a full course load, works, age, and no longer lives at home plus any other relevant material.  You also fill out the income statement

Customer
I have been to court before and it hasn't gone well for me the judges don't seem to listen and I have provided proof
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ARLENEP41, Expert

sorry i stepped away.  what kind of proof?

Customer
I presented a rental agreement that showed my daughter lives away and I explained that she moved to Kamloops because her boyfriend did not for school purposes
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ARLENEP41, Expert

ok and was she taking a full course load at that time?

this link has some cases and articles that may help you

https://www.canlii.org/en/bc/#search/jId=bc,unspecified&text=child%20support%20%2F20%20%22post%20secondary%22&origJId=bc

Customer
She wasn't
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ARLENEP41, Expert

huh? I have to admit that is strange

Customer
Don't get me wrong I didn't mind helping my daughter go to school what I have had a problem with is paying support to my ex for my daughter who does not live with her
Customer
on top of that my daughter is considered a common law spouse
Customer
She lived with the same guy in a marriage like relationship for over three years
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ARLENEP41, Expert

that is a difficult situation.  The law below is my understanding of the situation.

Mohamed v Martone, 2019 BCSC 38 (CanLII) is a case that explains the relationship between child support and university expenses. In Mohamed v Martone, 2019 BCSC 38 (CanLII), the Honourable Mr. Justice Ball dealt with a case where the child had reached the age of majority and was attending school elsewhere, while residing with the mother only during the summer month. The court found that Section 3(2)(b) of the child support guidelines applied and that the father had to pay child support for only the summer months. As a result, the court reduced the father’s child support obligation.

Customer
It's very frustrating
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ARLENEP41, Expert

absolutely

Customer
She lives permanently away from home
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ARLENEP41, Expert

You are entitled to a reduction I don't know why they won't give it to you

Customer
If you can direct me to the case law I will review it and file
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ARLENEP41, Expert

follow this link

https://www.canlii.org/en/bc/#search/jId=bc,unspecified&text=child%20support%20%2F20%20%22post%20secondary%22&origJId=bc

Customer
It also doesn't help that my ex continues to give misleading info to the court but my case is building up
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ARLENEP41, Expert

yes that is probably the main problem and yes you are right

Customer
I appreciate your help thank you
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ARLENEP41, Expert

no problem

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