"I called the FRO and they are not helping me...."
We hear this statement quite frequently.
Here is a typical scenario:
* Parties' family law case ends with a final order for child support. They have one child. Dad pays child support for 9 years.
*Daughter turns 17 and moves in with her boyfriend. She also gets a full-time job.
*Dad has irregular contact with daughter, particularly as she gets older.
*Neither daughter nor Mom tell Dad she is now living with her boyfriend (and not Mom) and working full-time.
*Dad finds out a year later.
*Dad calls Mom and asks her to advise FRO that child support ended some time ago. Mom refuses.
*FRO continues to collect child support.
*Dad calls FRO - he is told (correctly) that they cannot help him with ending the child support payments. FRO's job is to enforce the last court order. They are going so.
What is Dad to do?
Since Mom is not cooperating, Dad has no choice but to go to Family Court and ask for an Order changing the last Court Order and specifically terminating his child support obligations. If Mom is not agreeing to advise the FRO of the change, and Dad is successful in terminating the support payments by Court Order, he may also be entitled to costs (Mom may have to pay his costs for having to go to Court on this issue). The correct proceeding in this circumstance would be a Motion to Change.
©AJJakubowska