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Apr

15

Emancipation from child support?

Michael CarabashAlthough I’m not a family law lawyer per se, I often get asked the question: “How does emancipation work in the context of child support obligations?”. I think the better way of asking this question is: “How can I end my child support obligations?”. You see, I’ve researched Ontario and Federal laws and court cases and the term “emancipation” just doesn’t seem to appear anywhere. The term ’emancipation’ is more of an American term and one which Ontario family law lawyers may not be familiar with it.

If you’d like to know more about ending child support, you should basically be asking for two things on Dynamic Legal Forms: (1) what does the law say about how to end child support and (2) what procedural steps need to be taken to go about ending child support?

With respect to the first question, the answer is based on which laws (i.e. statutes, regulations, and cases, etc.) apply to your situation and those depend on where you live. If you live in Toronto or Ottawa, for example, you should go to Dynamic Legal Forms and make a post (it’s 100% FREE and Anonymous) and have local family law lawyers respond to your inquiry. Once the Toronto or Ottawa family law lawyer has been retained and understand your situation, he or she can explain to you what the law says about ending child support (a.k.a. being emancipated from child support).

In terms of answering the second question, the proper procedure (although I haven’t done it myself) in Ontario appears to be to bring a motion to ask the court to vary a court order previously made requiring you to pay child support. This assumes that there was a court order requiring you to pay child support. You or your lawyer would do things like prepare the motion materials, serve them on the other parties, and file them with the court; thereafter, the parties would attend a case conference, then a settlement conference, then a trial scheduling conference, and then finally go to trial to argue the motion. For each of the conferences, you’ll need to prepare, serve, and file briefs and financial statements. Before trial, you’ll also need to prepare a trial brief. All of this procedural stuff and documentation takes a lot of time to prepare, review, serve, and file. While you can save money by doing it yourself (the court forms are online and so too are the Family Law Rules and the Family Law Act), it’ll take up a lot of your time and you might end up being penalized finally in costs for failing to do something.

Finally, this whole process could take many months, if not years. I know it sounds discouraging, but that’s the reality of bringing a motion to vary a court order requiring child support payments.

The bottom line is that you should definitely know if you have a good substantive case in law before you set out procedurally to bring the motion (and spend thousands on lawyers and put yourself at risk of losing thousands in legal costs for the other side if you lose!). Go to Dynamic Legal Forms and make a post to get free quotes from Toronto and Ottawa lawyers!

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