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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 05-13-2017, 08:34 PM
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Default child support and university

Looking for case law and personal experience (court) with respect to payment of child support when child is away at university. Is typical child support payment for summer months only? Does anyone know of case law or circumstance for payment during whole year (partial or otherwise?) Any tips on heavily cited case law for this topic would be appreciated. Thanks!
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Old 05-13-2017, 08:58 PM
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In my searching there hasnt been much. Jump on canlii and search yourself.
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Old 05-13-2017, 09:03 PM
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I did search. I find Canlii annoying...terrible search engine. Sigh.....
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Old 05-14-2017, 10:59 AM
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For my partner, his lawyer told us that cs is not payable while kid is away. When I asked about his ex's expenses for the house he said my partner is not responsible for her decision to live in a house she cannot afford.
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Old 05-15-2017, 12:40 PM
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Generally c/s is paid only during the months the child is at home. S7 expenses like residence costs and food cards cover what would normally be c/s if the child were at home.

Essentially, paying c/s while child is away at university is double dipping if the payer already paid for expense of the child living on residence/rent.
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Old 05-15-2017, 01:00 PM
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Well it should be interesting in my partners case as his ex has claimed cs for the months kid was away at school as well as all the living expenses at school in her court filings.
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Old 05-15-2017, 02:14 PM
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Well it should be interesting in my partners case as his ex has claimed cs for the months kid was away at school as well as all the living expenses at school in her court filings.
It won't be interesting. It will be a waste of everyone's time while the judge explains the common facts of life. Except you won't get to see Tootie deliver it...
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Old 05-15-2017, 02:17 PM
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Well then Ill be able to update everyone when that happens!! Shes going to spend thousands to get told to sit the frig down. My partner asked if I would represent him, I told him I wouldnt be able to stop my eye rolling and head shaking if I did.
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Old 05-15-2017, 03:14 PM
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Well then Ill be able to update everyone when that happens!! Shes going to spend thousands to get told to sit the frig down. My partner asked if I would represent him, I told him I wouldnt be able to stop my eye rolling and head shaking if I did.
Nor can you legally.
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Old 05-15-2017, 03:21 PM
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Two cases to be taken as the starting point:
https://www.canlii.org/en/on/onca/do...nlii15446.html
https://www.canlii.org/en/on/onca/do...nlii14132.html

A not-uncommon position for adult children living away from home is as follows:
- "Summer table" periodic support paid year round. The Summer table is one-third of the regular guideline amount of support, as the child resides with one parent for one third of the year (being May through August). Paying year round assists in budgeting since the home is maintained all year.
- The s.7 expense of education includes reasonable living costs, however any scholarships, RESP and the child's contribution are deducted. If the child receives OSAP (or other student loans) these are part of the child's deduction since the child must repay them in future. Often the child's contribution is either set at a fixed number, or being all of their discretionary spending, or at a percentage of the cost. The impact this will have on the child ought to be considered by the parents.
- The remaining cost is the actual s.7 expense, which is shared in proportion to income (keeping in mind that tax credits from the child impacts the cost!) in most cases. Since the child uses the funds for their schooling and subsistence it is not uncommon for the funds to be paid directly to the child when tuition is due, to maintain them through the semester.

For a parent seeking full guideline support for a child residing away from home for the majority of the year, paragraph 28 of the Park cases addresses the issue succinctly.
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