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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 09-08-2017, 09:01 PM
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Default Question about child support and post secondary

Do you think it matters whether the kids go away for school or live at home with regards to whether child support is still applicable and would most likely still be ordered by a judge? The reason I ask is because my ex is hellbent on getting a clause in our currently-being-negotiated new agreement whereby he would be off the hook for support if the kids leave home for school. He seems to think that it would not be ordered in this case because the kids have left home, therefore why would I still need support; however, from what I read online it seems like support is obligated no matter where the child lives, if they are in school full time. What do you think, is he right about that?
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Old 09-08-2017, 10:09 PM
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arguments to both sides (research CanLii)

your ex is setting himself up to pay child directly perhaps?

Old, often-used, argument has been that you maintain a home with a bedroom for child throughout the year for child to return to on Christmas, Spring and Summer break. When child goes to school support is diverted to child's tuition and expenses with less amount going to custodial parent through the months the child is not present at home. That's what I have gathered from limited reading.. I may be incorrect on this and if I am others are sure to correct me.
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Old 09-08-2017, 10:23 PM
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Quote:
Originally Posted by arabian View Post
arguments to both sides (research CanLii)

your ex is setting himself up to pay child directly perhaps?

Old, often-used, argument has been that you maintain a home with a bedroom for child throughout the year for child to return to on Christmas, Spring and Summer break. When child goes to school support is diverted to child's tuition and expenses with less amount going to custodial parent through the months the child is not present at home. That's what I have gathered from limited reading.. I may be incorrect on this and if I am others are sure to correct me.
He doesn't want to pay it at all. The original wording he proposed was "child support will end when the child reaches the age of majority". I have counter-proposed that the clause should read "will review when the children are 18 years old". He believes he should only have to pay his portion of the section 7 expense. I don't think I will worry too much about what is in the agreement as a) the oldest child isn't 18 for 7 more years and b) it sounds like the law is pretty specific about child support continuing past 18 despite what is in the agreement. I just wondered since it has come up for me recently and it seems I will have to write a clause into the new agreement.
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Old 09-08-2017, 10:50 PM
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My partner asked his lawyer yesterday about this. Why bother signing an agreement if the words mean nothing. Its because the law sides with the child.

You could put in the agreement that child support will CHANGE should the child attend school away from home or even that child support will only be payable in the summer months when the child resides with a parent.

Regardless, what your agreement says is moot. The law says cs is paid if the child is a child of the marriage.

Ange your ex is a first rate jerk. Sadly your kids will see that in the future. I was 14 when I first learned my father was a jerk and then 37 when I learned he was a first rate jerk. Thank god I had good friends and family to soften the blow.
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Old 09-09-2017, 05:27 PM
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From my understanding (because I currently have 2 dependent children away at university and have experience with this), he would pay you CS for the months the child is home living with you during the summer. Of course he will have to contribute to their tuition and living expenses while away at school.

If your child lives with you post secondary, then yes CS will continue until his/her first degree.


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Old 09-09-2017, 06:43 PM
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Counter his suggestion that once the child reaches the age of majority all child support will be payable to the child and each party to the further education will be a 1/3 split. CS can be the child's contribution.


Why do you need child support once the child has reached 18 and away at school. Does not both parent have to maintain a home and room for their child no matter what age, what Access and who pays for the food.

Last edited by Beachnana; 09-09-2017 at 06:46 PM.
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Old 09-10-2017, 07:41 PM
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I like Beachnana's recommendation.
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Old 09-11-2017, 01:21 PM
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Quote:
Originally Posted by Beachnana View Post
Counter his suggestion that once the child reaches the age of majority all child support will be payable to the child and each party to the further education will be a 1/3 split. CS can be the child's contribution.


Why do you need child support once the child has reached 18 and away at school. Does not both parent have to maintain a home and room for their child no matter what age, what Access and who pays for the food.
Wow. Great advice and last paragraph. I couldn't agree more.
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Old 09-11-2017, 02:31 PM
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CS is ordered for the summer months when a child is away at university if they live at home during that time. Its to cover living expenses that increase when kid comes home. In some cases it is split as an average amount over 12 months to make it simpler for maintenance agencies to collect.
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