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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 09-06-2017, 02:21 PM
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You pay full CS to the mother while the child is in school full-time (so for the next year). That covers her food, clothing, bus fare, living expenses, etc, as it did when she was a child who could not support herself. She is not expected to support herself right now as she is supposed to devote herself to her education.

Your child pays 1/3 of her tuition and books and school fees. You and your ex divide the remaining 2/3 via your s7 proportional share.

Your child's share comes from her savings, her meagre income, her OSAP grants, whatever.

If your ex doesn't pay your child anything for her proportional share of the 2/3 remaining, that's between her and your child. Presumably she'll be able to afford something since you are now paying full CS again. If she hogs the money, hopefully this will open the child's eyes to how her mother is using her.

Pay your share to the child directly, if possible. She needs to learn to budget, be responsible for bills and loans, etc.

The information you need is your child's total tuition fees and her books cost, and your ex's income for the last year. If they choose not to provide statements, receipts and tax return, don't pay anything at all. Just the CS, since your income is all you need to calculate that part.

You'll have to do some retroactive calculations for the time she's already been in school.

When you have an unreasonable ex, don't deviate from law.

Also, take an interest in your child, how she's doing in her classes, etc. It doesn't sound like you have much of a relationship if you didn't know she was planning to go to school again. You definitely want to be in the loop enough to know if she drops out, too.

Lastly, be wary of the child possibly jumping from program to program just to keep the CS flowing. If you're not involved in any discussion about how she hates her program and wants to try something else, you shouldn't be on the hook for continuing to pay.
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Old 09-06-2017, 05:48 PM
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That is a great document to read. I do believe from everything I've been reading that all child support orders for "adult children" are fact driven and discretionary. No 2 cases will be exactly the same. I just wanted someone's thoughts to see if what I'm offering sounds fair. She was charging my daughter 200 per month to cover her expenses when not in school, so I figure 100 would cover my share while she is in school.
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Old 09-06-2017, 08:24 PM
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Remember that canlii only has a sample of cases and they are heavily leaned towards payors in the higher range of income. There are still hundreds more that arent listed on canlii that follow the guidelines.
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Old 09-06-2017, 09:10 PM
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Anyone who has an ex like mine probably doesn't have a great relationship with their child either.
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Old 09-07-2017, 08:05 AM
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Doesn't matter. My partner hasn't spoken to one in months and the other in years. Hes still obligated to pay cs and school expenses.
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Old 09-07-2017, 10:25 AM
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I think this case is a little different than most. CS ended and both parents agreed to that. This is a 19 year old that finished school and didn't go right away to post secondary. I don't think this is as black and white as most. Is the child still living at Moms or is she living in residence? At what point is there a cut off age? Can children finish highschool and take a couple years off and decide to go to post secondary and all the sudden be entitled to support again? When CS ended it was deemed the child was no longer a child of the marriage and now Mom wants to deem her a child of the marriage again? I would be doing my research on Canlii and talking to a lawyer about this one. Adult children are not always entitled to support, especially when they have already been deemed NOT a child of the marriage any longer.


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Old 09-07-2017, 10:27 AM
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Quote:
Originally Posted by rockscan View Post
Doesn't matter. My partner hasn't spoken to one in months and the other in years. Hes still obligated to pay cs and school expenses.


My understanding with your husbands kids is they have always been entitled to CS and CS has never stopped. This isn't the case with the OP. In your husbands case the kids graduated and were still not deemed adults and then decided to go to post secondary?


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Old 09-07-2017, 10:48 AM
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From what his lawyer said, as long as the kid is under 25 and goes back to school, they will be considered a child of the marriage. CS is the right of the child not the parent. If the ex decided to kick her out how would she pay her living expenses?
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Old 09-07-2017, 01:29 PM
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Yes, it is the right of the child, but cs is negotiable when dealing with over the age of majority if you can prove there is enough reason to deviate from the guidelines. If I were to pay all of my daughter's education expenses and the ex pays nothing, the ex may be required to contribute in other ways like monthly support. Even most lawyers that I have talked with say it's all based on facts of the particular case.
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Old 09-07-2017, 01:31 PM
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And if my daughter came to me because she was kicked out, I would have no problem taking her in without asking for a penny from anyone. If she is making 500 per month and living under a roof I have to pay for anyway, that's plenty of money to cover her daily living.
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