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Old 07-26-2017, 09:05 PM
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Default Child Support paid directly to child

I recently filed a motion to review annual income and determine what child support should be especially with upcoming Post Secondary Fees (he wasn't cooperating in providing NOA). In addition to claims related to school such as tutor and post secondary fees. My ex responded requesting for child support to be paid directly to my daughter (whom will be attending school away from home this September). Is this typical or easily granted?


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Old 07-27-2017, 01:04 PM
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I'm not sure, but would it be possible to pay a portion (tuition) directly to the school?
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Old 07-27-2017, 06:41 PM
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To my knowledge, there would be no benefit to either parent in paying tuition directly to the university, as at this point, unless agreed in advance, the adult child receives the education tax credit.

OP, your ex' request for payment of cs directly to the child would be rejected, unless there were unusual circumstances.

That said, my ex and I do pay cs directly to our adult child, but we have mutually agreed to do so. (also, her 3rd year U, so we trust she is now capable of not only managing her own budget, but also her future career path and debts incurred to obtain her masters). I likely would not have agreed in her 1st year, as it took her that time to 'adult' herself.
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Old 07-28-2017, 10:33 AM
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There should be no child support paid for the duration the child is away at school so long as the ex has contributed to the child's residence and schooling costs.

Child support is for when the child is at home. If the ex is contributing to residence, meal plan, educational expenses, to expect them to pay c/s while the child is away is double dipping. C/S is for residence, food etc. When the child returns home for the summer, c/s resumes.

If the ex is not contributing to the kids education costs (which they should be), then c/s would continue as those funds would need to be directed to the kid to help cover the costs that the ex should've been paying.
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Old 07-28-2017, 10:53 AM
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I do not believe the above is accurate.

In my experience CS is reduced while the student is away, and then returned to full table when the student is home during the summer.
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Old 07-28-2017, 12:07 PM
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Quote:
Originally Posted by mcdreamy View Post
I do not believe the above is accurate.

In my experience CS is reduced while the student is away, and then returned to full table when the student is home during the summer.
C/S may be reduced while the child is away, but not always. The reduced amount is maintain the room/space the child would come home to when they come back from school.

I've read cases posted here and on Canlii to that affect. Don't have time to cite, but may later.
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Old 07-28-2017, 02:46 PM
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Quote:
There should be no child support paid for the duration the child is away at school so long as the ex has contributed to the child's residence and schooling costs.

Child support is for when the child is at home. If the ex is contributing to residence, meal plan, educational expenses, to expect them to pay c/s while the child is away is double dipping. C/S is for residence, food etc. When the child returns home for the summer, c/s resumes.
Compared to:

Quote:
In my experience CS is reduced while the student is away, and then returned to full table when the student is home during the summer.
Both of these are dependent on the circumstances.

One of the more popular methods is to use the "summer table" of child support. This is one third of the Guideline amount, representing the one third of a year the child lives at home (May - August), with the other 8 months away at school. When the child is away at school the parents would give the child's expenses (less child's contribution). The purpose of paying one third is to provide a consistent amount for both parties, rather than a spike in the summer.

There is flexibility in the Guidelines when dealing with an adult child. It is possible for parents to pay child support directly to their child (particularly when it is a large s.7 expense, such as university tuition + living expenses, and the child is personally liable for the expenses). It is possible for a judge, on the facts of a case, to order that the funds still go through the recipient spouse.

Generally, someone will not pay full guideline support all year for a child that lives away for much of the year - particularly if they are also contributing to living expenses.
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Old 07-28-2017, 04:14 PM
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Originally Posted by OrleansLawyer View Post
Generally, someone will not pay full guideline support all year for a child that lives away for much of the year - particularly if they are also contributing to living expenses.

This is in line with what my partners lawyer said. He has argued both sides and says its dependent on the situation but for the most part, CS is not payable while child is away at school. In most cases it is an average of the four months paid over the full year. His ex is arguing for full table all year long. Lawyer said there is nothing that could prove this is right. Especially since their agreement clearly states it will be changed.
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