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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 09-15-2009, 06:12 PM
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Originally Posted by babybluetigger View Post
I requested a copy of his 2008 tax return and my ex said he saw a lawyer and then my ex sent me a letter, it said: as per your request for my 08 return under terms of separation agreement, I am no longer required to provide info. His lawyer said the agreement is valid and binding...ceases at age 21" He also threatened, "if you continue to pursue, I will have courts conduct full financial review of childs income expenses and unreported income with a breakdown of educational costs and I will cease all current and future child support.
He closes with "As father to my daughter I realize an obligation to help support her in the cost of continuing her education of which I will do and providing 4200.00 tax free annual is adequate.
So it sounds like he is continuing to pay past the age of 21 because she is still in school which is what you say is what you want. Perhaps you should ask him how long he intends to keep paying and that may be satisfactory to you.

Given her age and your separation agreement, it seems reasonable how much he pays to help her should between him and his daughter, but if you are helping her it would be good for you to know what to expect from him specifically.
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Old 09-15-2009, 06:20 PM
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To my understanding from reading, child support is payable so long as the child is attending full time post secondary school, until they attain their first degree, and if he is earning 80,000 - 100,000, shouldn't child support be based on his current income? Plus 1/3 of special expense? For best interests of the child, and considering she hasn't attained her first degree and is unable to support herself.
Is it possible to file for a motion of change to get a better portion of contribution from the father? I don't feel that his CS amount is adequate, nor the fact that he is earning so much and doesn't contribute to special expense.
Certainly I feel this can be challenged and updated.
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Old 09-15-2009, 06:26 PM
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Originally Posted by babybluetigger View Post
To my understanding from reading, child support is payable so long as the child is attending full time post secondary school, until they attain their first degree, and if he is earning 80,000 - 100,000, shouldn't child support be based on his current income? Plus 1/3 of special expense? For best interests of the child, and considering she hasn't attained her first degree and is unable to support herself.
Is it possible to file for a motion of change to get a better portion of contribution from the father? I don't feel that his CS amount is adequate, nor the fact that he is earning so much and doesn't contribute to special expense.
Certainly I feel this can be challenged and updated.
Sorry not to answer your question about motions and courts, but here is my opinion.

She is 21, an adult, why don't you leave her education costs and his contributions between them? My divorced parents did not contribute ANY money toward my university education nor did I expect them to or hold it against them. As an adult at the time I certainly would not have wanted one of my parents to take the other to court to get me support.
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Old 09-15-2009, 07:31 PM
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With respect to your comment, it seems every other parent whose child is attending post secondary school, still receives child support and 1/3 of tuition fees based on a ratio of income. Why should mine be any different? After all, I am solely paying her tuition, while the child pays books and gas. What is the father contributing based on an income 5 times larger than ours? Every one else seems to get this, and according to law, he is as much required to contribute towards educational costs and continue support until she has attained her first degree. I'm a little surprised at your response.
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Old 09-15-2009, 07:52 PM
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Quote:
Originally Posted by babybluetigger View Post
With respect to your comment, it seems every other parent whose child is attending post secondary school, still receives child support and 1/3 of tuition fees based on a ratio of income. Why should mine be any different? After all, I am solely paying her tuition, while the child pays books and gas. What is the father contributing based on an income 5 times larger than ours? Every one else seems to get this, and according to law, he is as much required to contribute towards educational costs and continue support until she has attained her first degree. I'm a little surprised at your response.
Okay, it is your child, I simply wanted to state my opinion.

A few comments on your post - every other parent does not receive CS while the child is in post secondary - only some, but I don't know the percent. Also keep in mind that married people have no legal obligation to support their children after they are 18.

You have decided to help support your adult child with respect to school - this is a personal choice that not all parents would do, perhaps including her father, though he is still paying an amount that he has decided is what he wants to give.

His continued support is not 'the law', it is a common order in some cases when it is taken to court - though per your original agreement it was not. Not everyone agrees with this.

In my case, I wanted my agreement to state that it will be up to us individually to decide how and how much to support our children in post secondary education. However on further consideration, I thought that my former spouse would simply not plan and then expect and force me to pay while she did not contribute, so I am now proposing that we each are responsible for saving 5% of our gross incomes each year for education until the last one completes high school. In short, I would prefer that no one force me how to support my adult children simply because I am divorced, however there are those that feel they must, so I am planning for that.
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Old 09-15-2009, 08:08 PM
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Then could you please explain to me why my current husband has been court ordered to continue to pay CS based on his annual income for his daughter who is attending college? Hence, if I took it to court, being for the best interests of the child, he would more than likely be ordered to continue to pay at least support relevant to his current income, until the child attains her 1st university/college degree. ...section 31. (1)' Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so.'...apparently CS is the law to provide!
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Old 09-15-2009, 08:16 PM
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One other quote of law; The Divorce Act provides that support may be sought for any or all 'children of the marriage', defined to include one or more children of the two parties to a divorce who is either under the age of majority, or 16 or older and unable to withdraw from the charge of one or both parents, or to meet his or her own needs, because of illness, diabliity or other cause. Child support is not generally terminated when a child reaches 16 or even 18, however, the stage at which it is terminated depends on the child's own means of support and other circumstances. Attendance at a post-secondary educational institution will often justify the granting of support to a child past the age of majority, depending on the parents means and the likelihood that they would have supported such an endeavour if they had not separated.; From the Divorce Act..
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Old 09-15-2009, 10:59 PM
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Quote:
Originally Posted by babybluetigger View Post
Then could you please explain to me why my current husband has been court ordered to continue to pay CS based on his annual income for his daughter who is attending college? Hence, if I took it to court, being for the best interests of the child, he would more than likely be ordered to continue to pay at least support relevant to his current income, until the child attains her 1st university/college degree. ...section 31. (1)' Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so.'...apparently CS is the law to provide!
Do you agree that your current husband should be forced to pay CS while his children are attending college?

Do you think that all parents, marital status not withstanding, should be forced to pay part of their childs post secondary education?
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Old 09-16-2009, 07:43 AM
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There are alot of things under CS laws that have outraged me and I totally disagree with, however, it is quite apparent that so long as children are attending full time schooling and they reside with you, you must pay for their living expenses. Which means that fathers are also to contribute to their housing costs. In reading about CS laws, it clearly states that based on affordability, yes, payor fathers can well be required to contribute to post-secondary costs, as well as CS, until the child has completed their 1st degree, and sometimes are required to pay beyond, depending on income and their financial status. Whether I agree with anything or not, it is simply forced upon us to do our part for our children. If it were easy to get out of, obviously we would not choose to be forced to pay CS and special expense while the child is in college/univ, however, contrary to what we want, the courts enforce it. So why should receiving CS for my child while in univ be any different. After all, isn't it all about the best interests of the child??? And I don't feel that I should be the extraordinary case, that supports my child alone while he earns 100,000 + a year and contributes 0. To me, at least to receive a level of CS relevant to his current income would be quite adequate and it would enable us for her to complete her schooling. I don't think that's asking too much.
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Old 09-16-2009, 08:36 AM
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To Billm, with regard to your comment to 'verytiredmother', I'm trying to understand why you are encouraging her to continue to receive support, however, you are telling me contrary....your response to 'verytiredmother', to quote you, you tell her,"CS is a table, you pay your part and that is that", continues,"though CS should continue until the end of the first degree attempt"
I'm trying to understand why your response to me is so different than your response to her...somewhat contrary!
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