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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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  #21 (permalink)  
Old 09-28-2017, 03:19 PM
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Quote:
Originally Posted by OrleansLawyer View Post
If there are more deposits than you are claiming for income, either the extra funds have an explanation or someone was lying about their income.
Could be gifts from family to make up for Child support paid to ex. The whole family is helping.

Could also be from selling stuff he no longer needs. If i sell my TV and get an email money transfer, that's not income.

could be anything.
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  #22 (permalink)  
Old 09-28-2017, 03:21 PM
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Originally Posted by Dad0208 View Post
I have no deposits that are more than I've claimed other than cheques from income tax refunds, so it would suck to spend money on these statements just to prove that, but if I have to I will. She will spend hours going through hundreds of papers that will turn up nothing, so at least that would be funny lol.

And you might be able to add that to the costs she will have to pay should you win.

Don't hand them over freely. Hand them over if a judge requests it.
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  #23 (permalink)  
Old 09-29-2017, 08:00 AM
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My daughter recently got a loan from osap that covers all of her education expenses before I was given the opportunity to contribute. Does anyone know if a judge would still order the ex and I to contribute if the ex is not asking for the expense? Just curious. I don't mind contributing at all, but if I do, I would expect her to as well.
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Old 09-29-2017, 08:00 AM
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Quote:
Could be gifts from family to make up for Child support paid to ex. The whole family is helping.

Could also be from selling stuff he no longer needs. If i sell my TV and get an email money transfer, that's not income.

could be anything.
Then your transfers showing the sale of property are relevant income - you are living by pawning capital assets.

Or the testimony of family becomes relevant - perhaps also with their bank statements to corroborate.

A blanket "it could be anything" will not help the support payor. If there are additional deposits, only the account holder can access proof of the source. If they neglect to do so, the reasonable inference is because it is income. Why would they not prove otherwise if such proof exists?
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Old 09-29-2017, 08:03 AM
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Quote:
Originally Posted by Dad0208 View Post
My daughter recently got a loan from osap that covers all of her education expenses before I was given the opportunity to contribute. Does anyone know if a judge would still order the ex and I to contribute if the ex is not asking for the expense? Just curious. I don't mind contributing at all, but if I do, I would expect her to as well.


Judges dont expect children of divorce to go into debt for their education. Especially in cases where the parents have some means to contribute.

You should ask your daughter about her budget, expenses and loan and make an offer to contribute.
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  #26 (permalink)  
Old 09-29-2017, 08:49 AM
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I really don't mind giving my bank statements because I have not hid money or had any deposits that were/are not explainable. She won't find anything to her advantage and she will waste so much time going through it all. She's just greedy and thinks I've made more and she wants it.
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  #27 (permalink)  
Old 09-29-2017, 11:15 AM
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Another quick question would be this: My daughter lost her entitlement to support and worked for a year. She then started college and my ex applied to reinstate support, which is fine, but could she be successful in getting retroactive from before the date that my daughter lost her entitlement or can she only get the retroactive dating to when it's reinstated?
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  #28 (permalink)  
Old 09-29-2017, 11:51 AM
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If she isnt eligible for support then she cant go back and get it. She wasnt eligible. When she is back in school she is eligible for support so you are obligated to pay.
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  #29 (permalink)  
Old 09-29-2017, 12:34 PM
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Yes, I know I am obligated to pay from the point that she made her application, but can she ask for retroactive from before the date that she was no longer entitled? For example, if she lost entitlement say a year ago, can retroactive be asked for from before that date of loss of entitlement or only from the date of her application for reinstatement? Sorry if it's confusing.
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  #30 (permalink)  
Old 09-29-2017, 12:40 PM
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Default When/how do you end support for adult child?

I see all these posts all the time about paying for schooling and disputes about how long and under what circumstance. Is there a standard expectation, or is it quite variable? What should go into an agreement in the first place to avoid disputes on this topic later? It is some years away, but I see my neice making poor decisions and it worries me, and since currently trying to get an order in place I want to be proactive on this topic now.

I was considering suggesting the agreement say we would each pay our share of section 7 expenses relating to school for 5 years of school or finish a first degree, which ever comes first, and limiting child support to that time frame. Is that resonable or if a dispute would a judge find fault with that? Is there an expectation that parents would have to pay for more than one degree, or advanced degrees, or be on the hook for some extremely expensive programs? It is one thing if there are extraordinary reasons a child couldnt attend, maybe a serious illness, etc, and that I would agree to change and feel is reasonable. However, I want to avoid a situation where the adult child can go to school part time, or fail classes and take forever to finish one undergrad degree. I see my neice currently in second year who last year did not take a full course load (4 classes instead of 5), failed one, this year also not taking a full course load, and she is not working, so that is not the reason she isnt taking a normal load. There is no way she can finish a degree in 4 years at this speed. If my child decided to fritter away their time, then I would prefer to have a 5 year max on it to encourage them to go to school in a timely manner. It is one thing to fritter away your time on your own dime (as my neice is doing via loans and will be in for a shock when she has to pay it all back), it is quite another to expect a parent to pay your way through time wasting adulthood.

what is a typical expectation for postsecondary support?
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