Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #31 (permalink)  
Old 09-08-2017, 08:48 PM
Senior Member
 
Join Date: Dec 2016
Posts: 404
Ange71727 is on a distinguished road
Default

Quick question on this topic: do you think it matters whether the kids go away for school or live at home with regards to whether child support is still applicable and would most likely still be ordered by a judge? The reason I ask is because my ex is hellbent on getting a clause in our currently-being-negotiated new agreement whereby he would be off the hook for support if the kids leave home for school. He seems to think that it would not be ordered in this case because the kids have left home, therefore why would I still need support; however, from what I read online it seems like support is obligated no matter where the child lives, if they are in school full time. What do you think, is he right about that?
Reply With Quote
  #32 (permalink)  
Old 09-08-2017, 08:53 PM
mcdreamy's Avatar
Moderator
 
Join Date: Jul 2011
Posts: 1,414
mcdreamy is on a distinguished road
Default

Quote:
Originally Posted by Ange71727 View Post
Quick question on this topic: do you think it matters whether the kids go away for school or live at home with regards to whether child support is still applicable and would most likely still be ordered by a judge? The reason I ask is because my ex is hellbent on getting a clause in our currently-being-negotiated new agreement whereby he would be off the hook for support if the kids leave home for school. He seems to think that it would not be ordered in this case because the kids have left home, therefore why would I still need support; however, from what I read online it seems like support is obligated no matter where the child lives, if they are in school full time. What do you think, is he right about that?
I think you should likely move this question to a new topic, so the original OP is not sidetracked. You know how that feels.
__________________
if you attack everyone involved, the common denominator is you. Attributed to OL
Reply With Quote
  #33 (permalink)  
Old 09-08-2017, 08:54 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,961
arabian will become famous soon enough
Default

Kimmanny: You do have a written agreement where you agree to pay "1/2 of your daughter's expenses even though she was not in school"? This agreement was as of October 2016 correct? You also agreed to pay 1/2 of your daughter's 6,000.00 loan correct?

Last edited by arabian; 09-08-2017 at 08:58 PM.
Reply With Quote
  #34 (permalink)  
Old 09-08-2017, 08:58 PM
Senior Member
 
Join Date: Dec 2016
Posts: 404
Ange71727 is on a distinguished road
Default

Quote:
Originally Posted by mcdreamy View Post
I think you should likely move this question to a new topic, so the original OP is not sidetracked. You know how that feels.


Sure no problem! And yes I do know how that feels.


Sent from my iPhone using Tapatalk
Reply With Quote
  #35 (permalink)  
Old 09-08-2017, 08:59 PM
Senior Member
 
Join Date: Mar 2014
Posts: 3,003
rockscan will become famous soon enough
Default

Quote:
Originally Posted by Kimmanny View Post
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.


You are the one who said you've been successful in court and have an arrogant attitude about being right. Im laughing because post secondary and cs for post secondary are the greyest areas of family law. Its rude to insinuate to a poster who answered your question that they are wrong when all I did was answer your question with information from a lawyer who has run a successful practice for 20 years and information from months of searches on canlii. But hey, you've won several successful judgements (on other matters) so why bother listening to the peanut gallery.

Ange, it doesn't matter whats in your agreement. Courts rule that cs is payable the four months of the year kids are at home from school and then expenses are split 1/3 to the kid and then proportionate share of net cost between parents. This includes tuition, books, supplies/equipment, residence and food. If kid stays home, transportation to school is included but cs is paid in full. Your ex can have whatever he wants written in the agreement, you can still go after him for his share of the cost and cs if applicable.
Reply With Quote
  #36 (permalink)  
Old 09-08-2017, 09:00 PM
mcdreamy's Avatar
Moderator
 
Join Date: Jul 2011
Posts: 1,414
mcdreamy is on a distinguished road
Default

Quote:
Originally Posted by Kimmanny View Post
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.
I have to say OP, in defence of Rockscan, she is giving you some extremely straight-up advice. I've also pm'd another member who is in almost the same scenario as you [and Rockscan, and I], so hopefully he chimes in as well.

But Rockscan's advice should not be discounted - Like her, I too believe without a doubt you'll be ordered to pay cs. [And I also have an adult child, in post-secondary]. The only real discussion, again imo, is likely what proportion of s7-tuition you'll be paying, in addition to table cs.
__________________
if you attack everyone involved, the common denominator is you. Attributed to OL
Reply With Quote
  #37 (permalink)  
Old 09-08-2017, 11:34 PM
Member
 
Join Date: Sep 2017
Posts: 33
Kimmanny is on a distinguished road
Default

Arabian: Yes I had an agreement in writing to pay half of my daughter's dental expenses when she was not in school (which was pretty costly) and I did offer to give my ex 100 per month plus pay half of my daughter's osap loan in court, but she declined. I don't care that I have to pay for my daughter, I just don't believe it's fair that I would cover half of her education and all of her living expenses and her mother pays nothing. Plus my daughter earns anywhere from 500-700 per month. Her mother should be expected to contribute too.
Reply With Quote
  #38 (permalink)  
Old 09-08-2017, 11:39 PM
Member
 
Join Date: Sep 2017
Posts: 33
Kimmanny is on a distinguished road
Default

Mcdreamy: I don't discount anyone's advice if they give it to me properly, but I don't have the patience to deal with people laughing at my comment like I'm stupid. It's super easy to give an opinion or advice without the bitterness and attitude. If you want me to respect your opinion, don't be so rude about it, that was my point.
Reply With Quote
  #39 (permalink)  
Old 09-08-2017, 11:50 PM
Member
 
Join Date: Sep 2017
Posts: 33
Kimmanny is on a distinguished road
Default

And rockscan, I've
Reply With Quote
  #40 (permalink)  
Old 09-08-2017, 11:59 PM
Member
 
Join Date: Sep 2017
Posts: 33
Kimmanny is on a distinguished road
Default

And rockscan, I've never said I was right and you were wrong, I'm saying that every case is different and facts and evidence always matter. I've not once been arrogant about anything. I've only stated my experience and what I've read. I'm not stupid and I don't like people treating me as such. You already said it's a grey area which means: every case is different based on facts and what the parents can agree on.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
2-2-5-5 --> 50-50 Residential Schedule Explained Tayken Parenting Issues 27 11-04-2016 10:13 AM
Parenting Plan Format........... OntarioDaddyMan Parenting Issues 30 06-09-2014 10:55 AM
seeking advice... daddyT Parenting Issues 6 06-07-2013 05:41 AM
A week about is too long not to see your children Rhonda&Kids Parenting Issues 37 07-13-2010 02:55 PM
Divorcing Well SigRent Parenting Issues 2 05-06-2010 10:02 PM


All times are GMT -4. The time now is 12:37 AM.