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Old 09-08-2017, 09:04 AM
rockscan rockscan is offline
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Doesn't matter. As the lawyer said yesterday, if kid two wants to take two years off to find herself and they agree to end cs, he will have to restart it when she goes to school if shes under 25. Same with the "shes not paying her share argument". The ex is responsible for 70% of the expense and kid railed at dad last year about all the student loans taken out. He cant make his ex pay her share of the cost. He pays his share and thats it.

Im only cautioning you that it may not work out so easily. Your kid could also go to court for cs herself. Her income is only relevant for her share of the school expenses. She could have $50,000 in the bank, you could still be ordered to pay. That was a decision in Lewi v Lewi that sets the bar for proportionate share and cs for post secondary.

My words are cautionary. You do what you want to do but we've had one of our areas barracuda lawyers on retainer and he has advised my partner when he is on the right and wrong thing. Hes also said if we want to pay him tens of thousands to fight a losing battle we can but he has argued successfully and unsuccessfully on several of these topics and the court follows a set rule.

I feel your pain. My partner provided an offer of five grand that he should not have to pay as they agreed on this several years ago. Add in the five grand in legal fees and he's barely choking back the bile. If he went to court she would win the money because the court doesn't waiver from the child of the marriage when in school bs. Or the child of the marriage even though they refuse to speak to you.
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