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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 08-11-2015, 07:07 PM
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Default Reduced Child support for away at school

I have another question and haven't found a conclusive answer on this board (or anywhere else for that matter) but...for children who live away from home during the school year while attending university (and both my sons have and are not ever returning to live at home). Do the Child Support Guidelines state what percentage of the table amounts I need to pay my ex? Is there even a reference to that situation? It's a pretty common situation but cannot find any real guidance to work with.
My lawyer states it's normally a lesser amount, but he did not mention what the amount is because "it's a gray area" as he always says...and then leaves me with no other information (other issue, but I digress).
Any guidance would be appreciated. My ex insists that full table amounts apply, however it's a convenient position for her to take.
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Old 08-11-2015, 09:12 PM
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Youre paying their living expenses either through cs or via s7. She doesnt get to double dip. Theres a few cases on canlii that have ordered four months cs for the summer. It is a gray area but the bottom line is she doesnt get full cs AND living expenses like residence or rent/groceries.
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Old 08-12-2015, 08:08 AM
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S7 expenses (when asked for by ex, and I agree) are split in proportion to income. My kids are largely sufficient on their own (two in particular).

My question is more about CS, not S7. When the kids are living away during the school year, what is the general percentage of table amounts that are paid when they are away? I wish it was zero, but know it isn't because the recipient parent needs to maintain a home for when they come back. That said, both of my sons have not returned for the summer as they had jobs and were out of town, further adding a wrinkle.

So not sure how CS plays out in all of this, so looking for general guidance for planning purposes.
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Old 08-12-2015, 08:35 AM
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There is no percentage or specific calculation. In many cases, judges order full table for the four months of the summer and none for the year. However there are always exceptions. You could just put your foot down and say you will no longer be paying her and provide the cs to your kids to help with where they stay in the summer. But (and this is a big but) if she has an order she can file with FRO, odds are she will to be difficult.
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Old 08-25-2015, 04:01 PM
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It is my understanding that many judges will require a reduced table amount to be paid during the months that the child is away at university. This could result in double dipping however table amount is often out of line with actual expenditures.
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