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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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  #21 (permalink)  
Old 09-07-2017, 06:37 PM
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Quote:
Originally Posted by rockscan View Post
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?


If the ex decides to kick her out and the other parent didn't take her in then she best get a job and support herself. She is 19 and a legal adult... if both her parents decided not to support her she would be on her own. I personally don't think CS should be paid for adult children, nor should their post secondary be paid for them. In an intact family the parents don't have to support their adult children or pay for their education but in a divorced family parents are forced to.

Don't get me wrong, if parents can assist their children during post secondary school that's great but many young adults put themselves through post secondary because their parents simply can't afford it.

My husbands order states 22 as the cut off for CS or one post secondary diploma. That being said, their mother is really pushing the trades on the kids (which I support trades fully coming from a family of trades people) but when a child is in a trade how does CS for adult children work then? My brother is 24 and finishing up his last 10 weeks of trades school... he has owned his own house for over 2 years... if someone is in a trade and lives at home is CS still payable for adult children until they are 25?


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  #22 (permalink)  
Old 09-07-2017, 07:42 PM
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Originally Posted by Berner_Faith View Post
My husbands order states 22 as the cut off for CS or one post secondary diploma. That being said, their mother is really pushing the trades on the kids (which I support trades fully coming from a family of trades people) but when a child is in a trade how does CS for adult children work then? My brother is 24 and finishing up his last 10 weeks of trades school... he has owned his own house for over 2 years... if someone is in a trade and lives at home is CS still payable for adult children until they are 25?

My partners agreement says the same thing. Ex filed a motion for ongoing support for kids final year of university. Lawyer said it would be payable and a judge would absolutely order it plus cs for the months between birthday and graduation. He told us today he has argued cases against the additional year of high school and additional education to cover courses that kids fail--the court will not waiver from a kids right to education or child support because their parents got divorced. He also absolutely agreed the system was messed up and needed change.
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  #23 (permalink)  
Old 09-07-2017, 08:17 PM
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Quote:
Originally Posted by rockscan View Post
My partners agreement says the same thing. Ex filed a motion for ongoing support for kids final year of university. Lawyer said it would be payable and a judge would absolutely order it plus cs for the months between birthday and graduation. He told us today he has argued cases against the additional year of high school and additional education to cover courses that kids fail--the court will not waiver from a kids right to education or child support because their parents got divorced. He also absolutely agreed the system was messed up and needed change.


Yes but CS was never ended in your partners case. In the OPs case, CS ended and both parents agreed the child was no longer entitled to support. In an ongoing CS case like your partners CS is being issued for an additional year to finish their post secondary, which isn't unreasonable.

OP you haven't stated whether your daughter is staying with your ex or residence while at school.


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  #24 (permalink)  
Old 09-08-2017, 10:04 AM
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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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  #25 (permalink)  
Old 09-08-2017, 05:58 PM
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The facts do matter. Every case is different and many lawyers will tell you that each case will have a different outcome depending on the facts of each case. There is no exact formula for adult support.
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  #26 (permalink)  
Old 09-08-2017, 06:03 PM
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The facts do matter. Every case is different and many lawyers will tell you that each case will have a different outcome depending on the facts of each case. There is no exact formula for adult support.
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  #27 (permalink)  
Old 09-08-2017, 06:29 PM
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Hahahahahaha the facts do matter. Clearly you havent been in front of a judge! There are a few dads on here who said the same thing and once in their ccs or trials they learned that none of that matters. Farden factors? Don't matter! Kids failing school? Don't matter. Kids not working? Don't matter! Kid not speaking to you? Doesn't matter!
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  #28 (permalink)  
Old 09-08-2017, 07:27 PM
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Yes I have actually, and if you get a good judge, the facts will matter. I've been twice and both judgements have been in my favour. You shouldn't reply if you plan to laugh at people, it's rude. Not everyone will have an outcome like your husband's. You seem like an extremely bitter and pessimistic person.
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  #29 (permalink)  
Old 09-08-2017, 07:34 PM
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Then why are you here asking questions you already know the answer to? You asked if anyone had thoughts on it and if we thought it was fair. I told you what our lawyer had to say about post secondary and children of the marriage. If you are so sure of your offer then go with it.
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  #30 (permalink)  
Old 09-08-2017, 07:57 PM
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I never said I was sure of anything, I'm just saying I'm an optimistic person and no one wants to listen to advice from people who laugh at them like they are stupid. It's a rude way to communicate with anyone.
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