Do we have to pay twice?

[Jaydee]

Does child support still have to be paid to an ex-wife if the child of the marriage (his 16 year old daughter) is not living at home, attending school and is working full time? My partner's ex is claiming a back child support payment for a period of 3 months even though the daughter was not living with her. My partner arranged for a safe place for her to live after he found out she was sharing an apartment with a know drug user. He paid for her keep and expenses during the 3 months she was there which worked out over the amount of child support he would have paid while she was at home. The daughter has now returned to the home of her mother and the ex is trying to claim back dated child support for the period of time the daughter was not living with her. This would mean my partner would have paid twice. We live on a very tight budget, pay day to pay day and do not have the $1,800 she is claiming Help and advice please

 

[seniorjudge]

What does the judgment in your lawsuit say in answer to your questions?

 

[Duranie]

He cannot just stoppaying. he needs to go to court and tell the court what he did and maybe they will erase the arrears. Otherwise it keeps piling up.

 

[Jaydee]

Thank you but we have a problem with going back to court as we live in Ontario and the ex lives in Alberta. I have just seen a typing mistake in the post .. it should read she is NOT going to school.
I do not understandy why he would have to pay twice though, he pays child support and not spousal support, he was paying to support his daughter all the time she was away from the house. If he had given the money to the ex none of the money would have gone toward the daughters support.
So your advice is he still has to pay his ex wife child support even if the child is not living with her?
The has been no lawsuit just a phone call from child support inforcement, so far
Many thanks for your in put