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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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Old 03-03-2012, 11:32 AM
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Default Child Support for Post Secondary Education

I pay child support for my 2 kids.
One of them reside with my ex and goes to college/university (supposedly)
The other child is in residence at a university.

How does child support and Section 7 expenses work in this case?
Assume my income is 100K and my ex's income is 50K and the 1st child's university expenses are 5K/per year and the 2nd child's expenses are 7K/per year.

Any assistance would be appreciated.
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Old 03-03-2012, 02:26 PM
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You can find a lot of answers on Canlii. To summarize the current trend:
1. re. kid in residence: around 1/2 table CS for the months in residence, full CS for the months back at CP.
2. re. kid at CP, full table CS.
3. S7 (all expenses related to education + living expenses etc) are to be shared 1/3 kid, 2/3 parents pro-rata of income.
4. (added) "supposedly" - find out, no papers = no pay!! Ask for proof!

Last edited by torontonian; 03-03-2012 at 02:27 PM. Reason: added info
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Old 03-04-2012, 08:54 AM
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Thanks TO!

I realized that I didn't give enough detail.
Both kids live with my Ex.

Kid 1 lives with Ex and attends college/uni.
Who pays for Kid 1's school fees, books, parking passes etc... How are the payments broken down?

Kid 2 lives with Ex when not in residence.
I believe I only pay full CS from table when he is at home, correct? Otherwise, both parents share the expenses accordingly.
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Old 03-04-2012, 10:29 AM
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Here is what's typical, as far as I know.

CS is still due for both children, all year long, I believe. They both attend school and still maintain their primary residence with the ex. Even the child in residence comes "home" for summer and holidays and maybe occasional weekend. Unless the ex has dismantled kid #2's bedroom and everybody considers that the kid has officially moved out. But if you can convince your ex to go for the fairer method of paying less during the school year, lucky you!

For section 7 (extraordinary expenses) tuition and school fees are divided up. Add up the tuition, residence fees, textbooks, but leave out transportation, parking, that sort of thing. Usually, the kid is expected to pay for 1/3 of it, and the parents divide the last 2/3 proportional to income. There's some room for argument about whether loans, scholarships, RESPs, etc should come off the top before division, or be included in each person's share depending on the funding source (ie, OSAP counts as the child's third, joint RESP from before the split comes off the parents' two thirds, individual RESP from after the split comes off each parent's share of the two thirds).

So with your numbers above, each child would pay 33%, you'd pay 44% and the ex would pay 22%. On top of regular CS for both kids.

So that's 1416 a month to your ex, and $2200 a year to the first kid, and $3080 a year to the second kid. Although I don't know where you get those numbers as that's awfully low for tuition and residence.

And as suggested, as for proof of school expense before you pay anything. Get set up to pay directly to the school, if you feel there's some chance you're being manipulated.
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Old 03-04-2012, 01:00 PM
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Thanks for the reply Rioe.

The numbers above are just an assumption. My Ex has not provided any proof of any post-secondary education, to date (for the last 5 years).

I am unclear about the child that attends university from home. The child does part/full time work and has a car. For this child, if I pay 1000/month for CS according to tables, do I have to pay the tuition, school fees on top of 1000/month?
This particular child also went from a college to a university and supposedly has completed 4 years in college so far and plans to attend another university soon. No transcripts or proof, so far.
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Old 03-04-2012, 02:42 PM
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There have been other posts on this and you should be able to find them by searching...

However, I would simply send an email stating that the children are over the age of majority and they have x amount of time to provide you proof of enrollment (get this for EACH semester) or CS will stop. Let ex know that if you do not hear from them/receive any documentation by X date you will take this as the child is no longer a child of the marriage and therefore CS will stop.
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Old 03-04-2012, 05:50 PM
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I`ve been doing some research on this as well lately. Canlii has a few cases where there is no CS for the child that lives on residence (I should specify no CS for the months while they are at school, there will be support again in the summer, etc). With you paying no CS you will then pay your share of residence, food, expenses.

The child that lives at home and attends school locally - you will pay full CS as well as your share of tuition and school expenses.
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Old 03-04-2012, 07:19 PM
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Yep,seems to be GENERALLY the case,for CS and tuition.
HOWEVER, new info as of FEB 29,2012 from BC Supremre Court.LONGLITZ vs LONGLITZ Seems, as in this case,direct payment to child is allowed during schooling year and then direct to EX for summer.Is this "new"???

Hopefully this is some postive movement forward for those of us paying????

Awaiting your ideas/thoughts

bbd
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Old 03-04-2012, 08:14 PM
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see paragraph [44] in LONGLITZ I am satisfied that, in appropriate circumstances, the court can make an order that child support by paid directly to the child (see Bell v. Bell, 2009 BCCA 280 (CanLII), 2009 BCCA 280; and Wesemann v. Wesemann, [1999] B.C.J. No. 1387 (B.C.S.C.)]. So... not really "new".... but good case
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Old 03-11-2012, 04:46 AM
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Default How long for post secondary

I thought i understood that for a 2nd degree,it was "if i'm a doctor,my kid "should/could" be professional" and i should contribute to such.....I'm hearing now that even if i'm NOT a "professional", i should and would be ordered to contribute???
Anyone know the current "thinking" on this??
thx
bbd
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