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Anonymous Asked:

I have 2 children with my ex-wife. We have joint custody but my youngest is now living full time with me (he didn't want to live with his Mom anymore). My oldest daughter was living with my ex until my ex met someone and quit her job to move to same town as her new partner. She found work there and is working full time. (she won't tell us what her new salary is)
My oldest daughter has chosen not to move with her mother but stay with friends until she graduates from grade 12 (will graduate June 2015). They are charging us $300/mth for room and board.
As my ex no longer has my daughter living with her full time but I still have my son living me full time, does she not have to share the expenses to the family who was kind enough to take my daughter in with them (her share would be $150/mth) Up to now I have paid my child support directly to my daughter so she can pay the host family. My daughter hardly visits with my ex except for holidays because she has a part time job.

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A Family Lawyer
6 years ago

In Ontario, there is provision in the Family Law Act which provides that the obligation to pay child support does not extend to a child who is 16 years of age or older and has withdrawn from parental charge. You would need to discuss the factual circumstances and legal implications with a lawyer of your choosing to determine whether or not your payments are legally required or entirely voluntary. The issue is whether the daughter made a free choice on her own free will or whether she was effectively driven away from the mother's home due to emotional, psychological or physical reasons for example due to the move and wanting to remain with friends to finish her high school. The second issue is how to calculate the amount of child support, and whether it should be based on the actual expenses and financial needs or the Table amount for one child or having regard to both of these sources of information, and once the amount of child support the oldest is entitled to has been determined then that amount needs to be allocated between you and your ex. It is best to consult with a family law lawyer to further discuss these issues.

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