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-   -   Counter offer (http://www.ottawadivorce.com/forum/f3/counter-offer-21129/)

Ange71727 06-16-2017 06:10 PM

Counter offer
 
Is it possible for someone to put in their agreement that the support payor will only pay child support and section 7 expenses until the child reaches the age of majority? The age of majority is 18 so if I agreed to this I would essentially be on the hook for post-secondary education on my own? Or is it unwritten rule that parents are both required to pay some portion of post-secondary no matter what? Ex has counter offered and this is one of his conditions....


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rockscan 06-16-2017 06:45 PM

You dont do it that way. You write it that child support is payable until and then list out the details: withdraws from parental control, finishes first degree, turns 21 etc.

If kid reaches 18 and is not in school you can agree to something else.

Ange71727 06-17-2017 11:12 AM

Quote:

Originally Posted by rockscan (Post 221586)
You dont do it that way. You write it that child support is payable until and then list out the details: withdraws from parental control, finishes first degree, turns 21 etc.

If kid reaches 18 and is not in school you can agree to something else.



Maybe it's just worded this way because it's an Offer to Settle, but he has written "until the age of majority" for both child support and section 7 expenses. Obviously if I accepted this, I would have to put in all the stipulations you listed above.


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rockscan 06-17-2017 01:03 PM

No you dont accept that. The reason why is because when they turn 18 he will stop and you will have to go after him for more. I dont even think a judge would accept that in an agreement.

Im not sure how offers to settle work but this is a dick move on his part to throw in what isnt even legal. Technically by law a child is still "a child of the marriage" if they are over 18 and unable to withdraw from parental support due to school.

Ange71727 06-17-2017 04:01 PM

Quote:

Originally Posted by rockscan (Post 221604)
No you dont accept that. The reason why is because when they turn 18 he will stop and you will have to go after him for more. I dont even think a judge would accept that in an agreement.

Im not sure how offers to settle work but this is a dick move on his part to throw in what isnt even legal. Technically by law a child is still "a child of the marriage" if they are over 18 and unable to withdraw from parental support due to school.



This is what I thought - he can't really get away with absolving himself of supporting his kids with post-secondary education. And if this is truly how he feels then he really doesn't have his children's best interests at heart because me having to foot the bill solo would likely limit where they could attend, where they could live, etc. Wouldn't be fair. We attend mediation next week so I will be able to see if this is truly what he wants and not just poorly worded in his offer.


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Tayken 06-20-2017 01:01 PM

If you have a lawyer ask them to send you the O'Brien's settlement agreement document. It has it all in it and the proper clauses.

http://www.obriensforms.com/

If not I believe the "divorce kits" you can buy at Staples (etc...) have similar information.

Tayken 06-20-2017 01:06 PM

xx. Child support payments, contributions to uninsured health care costs, child care costs, additional costs, and the maintenance of health insurance will continue as long as the child (or children) is/are considered a "child of the marriage" pursuant to the Divorce Act of 1985, or as long as a child is attending an educational institution, full-time, and is 18 years old or younger.

There are piles of examples online....

Ange71727 06-20-2017 02:16 PM

Quote:

Originally Posted by Tayken (Post 221717)
xx. Child support payments, contributions to uninsured health care costs, child care costs, additional costs, and the maintenance of health insurance will continue as long as the child (or children) is/are considered a "child of the marriage" pursuant to the Divorce Act of 1985, or as long as a child is attending an educational institution, full-time, and is 18 years old or younger.

There are piles of examples online....



Perfect - thanks Tayken.


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rockscan 06-20-2017 02:24 PM

My partners ex has filed a mtc to add additional years of support/s7 for school. His lawyer has said the courts order a fourth year in almost all cases. Your ex will be responsible for the kids as long as they are school. You just want to make sure your order is crystal clear so he cant weasel out of it.

Im curious though, did his ots waiver from his request for 50/50?

LovingFather32 06-21-2017 12:17 PM

Quote:

Originally Posted by rockscan (Post 221727)
Im curious though, did his ots waiver from his request for 50/50?

I'm curious about this also. Is he still going for 50/50?


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