Question asked on Nov. 21, 2020
Q: I filed for child support and it’s still in process. Recently I lost my job and my apartment due to the covid I couldn’t afford to get a new place and now I don’t really have a choice but to live back with my kids father since he got two bedroom townhouse. I don’t wanna cancel my file because I know I will need it in the future but now I’m wondering if I have any other options or if I have to cancel it?
A: You do not “have” to cancel anything, but if the facts are that the child is receiving direct support by the provision of food, clothing, and shelter in the father’s residence, a reviewing court will probably find that no support is due for the time of that cohabitation. You might want to put in a call to your case manager to see if you could suspend your application until you can move out again; arrears remain owing for any period prior to your moving back in together. Keep the best records you can as to dates, amounts spent, etc.