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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 06-10-2006, 01:57 PM
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I entered into a separation agreement in January 2006 and I really don't understand what my child support arrangements are for my 18 year old son who will be attending university and living away from his custodial home with his mother. I thought that the agreement was drawn up so that the monthly payment went to my son NOT his mother. I have now gotten a letter from my exwife stating that "I will not require you to contribute to our son's educational expenses and as such expect to continue to receive monthly child support payments from you as outlined in our signed separation agreement of January, 2006. Please forward a years supply of post-dated cheques to me by Friday, June 9, 2006." (I received her letter by registered mail on Tuesday, June 6th)

The clauses dealing with this issue in the agreement are as follows:

A. "Commencing on the 1st day of January, 2006 and on the 1st day of each subsequent month, the Husband will pay to the Wife for the support of XXXX the total sum of $$$$$ per month. The husband and wife acknowledge that this amount of child support has been determined in accordance with the child support Guidelines......."

B. "The husband's obligation to the wife for payment of child support with respect to XXXXX will end upon the first of the following events happening:1. the Child ceases to reside full time with either party. The term reside full time includes the Child living temporarily away from the home to attend an educational institution or to pursue summer employment or to obtain medical treatment or to take a vacation during scheduled holidays provided the child is otherwise maintaining a residence with either party. For the sake of future clarity, however,the parties agree that if the child is living away from the home to attend an educational institution and both parties are contributing to the child's educational expensees in this regard in proportion to their respective incomes (after decucting from the expense the contribution, if any, made by the child) then both party's obligation to pay periodic child support to the other party in any amount in addition to that paid for the party's proportional contribution to the educational costs (as required by subparagraph (a) will be suspended."

Further under Special or Extraordinary Expenses of XXXXXX

(v) upon admission to a full time post secondary institution, the parties require XXXX (Son) to provide a detailed budget to both parties containing his reasonable expenses for that year and XXXX will be required to do so for each year thererafter for which he is a full time student at a post secondary institution.

(vi) the parties agree to deduct from the reasonable expenses amount any provincial or federal loans which XXX receives. The parties further agree to decudt an amount equivalent to what XXXX would have saved up from summer employment. The parties further agree to deduct any bursaries or grants or scholarships received by XXXXXX.

(vii) any outstanding amoutns hall be deemed to be shared equally by both Husband and the Wife in proportion to their respective incomes after deducting from the expenses, the contribution of XXXXXXX.

(viii) the Husband agrees to pay this amount directly to XXXXX.

(iX) the parties acknowledge and agree that if XXXX is living away from home to attend a post-secondary educational institution and both parties are contributing in proportion to their respective incomes (after any of XXXX's contribution) then both parties' obligation to pay periodic child support to the other in any amount in addition to that paid for the parties proportional contribution to the educational costs shall be suspended."

My understanding is that if I contribute to my son's educational expenses. I then will not have to pay child support. What is your opinion on this?

Gwen
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Old 06-10-2006, 08:18 PM
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Gwen,

After reading the terms of the agreement, it appears to me that if you contribute to the child's education expense then support is suspended. However, as you mentioned, the other parent has paid the full education expense already. Do you have full disclosure ie: amounts, did the child receive loans, bursaries, grants, employment earnings etc. I would ask for full disclosure before issuing any post dated cheques and offer to pay half the amount the child was short. I suspect because of lack of disclosure there is more to add to this story. I suspect the other party has done the math and it is was to their benefit to pay the full outstanding education expense and subsequently receive child support.

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For the sake of future clarity, however,the parties agree that if the child is living away from the home to attend an educational institution and both parties are contributing to the child's educational expensees in this regard in proportion to their respective incomes (after decucting from the expense the contribution, if any, made by the child) then both party's obligation to pay periodic child support to the other party in any amount in addition to that paid for the party's proportional contribution to the educational costs (as required by subparagraph (a) will be suspended."
So technically, since only the one parent made contributions, then child support should proceed. Was this a unilateral decision by one parent to pay the full expense outright?

Quote:
v) upon admission to a full time post secondary institution, the parties require XXXX (Son) to provide a detailed budget to both parties containing his reasonable expenses for that year and XXXX will be required to do so for each year thererafter for which he is a full time student at a post secondary institution.
Did you not receive the budget from the son?

lv
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Old 06-12-2006, 07:27 AM
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Default child support issue

You are correct in that the decision was made by my ex-wife alone and I was advised by registered mail. To date, I have not yet received a budget from my son and I am aware that OSAP awards are not made until later in the summer months. Considering that this is the situation, my son cannot make a proper budget yet.

I thank you for your opinion as I have been having a terrible time getting into my lawyer as I work long hours away from home and she's working part time due to pregnancy.

Gwen
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Old 10-14-2008, 11:56 PM
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I have a similar situation, but much more of a blurred agreement, all my agreement lists is circumstances for a change in support, one of which is my son being 18, but in another section says must help with post secondary expenses. Ex called me in summer, asked if I could help with school, I said let me know, write it all down, never heard nothing, son goes away to college, still no reply from anyone, email son, says he got OSAP to cover all expenses, but on a tight budget. Ex sends me a letter 2 weeks later saying that I still owe support for my son, because he is in school full time. She isn't paying a dime, but wants me to keep paying her. I would happily pay for him, to him! Not for her manicures, and Hair appointments. On top of that she lied on his Osap forms, claimed single parent, living with a guy for 7 years now, and I am obligated to help with school, so what do I have to pay for, can I pay my son? Does it help that she doesn't support him? I am at the point that I threaten her with telling Osap about the lying, which could make her pay back all they got, plus a 25000 fine, and a year in jail?
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Old 10-15-2008, 03:22 AM
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Jakeman22

Threatening to contact OSAP is not cool - it is the stuff that makes divorce and separation so ugly. Don't even false threaten to do it! Keep your head high. You have an agreement, live up to it. If it is not clear, then interpret it in a way that follows the spirit of the agreement and is the best for you and your son. If you think agreement says that you don't have to pay any more, then don't. Reading it over many times will help get through the lawyer talk. If you think that the agreement says you should be paying support and you think it is of no benifit to your son, then you need to discuss this with ex, and if you can't agree I guess you have to file for a change as a significant change seems to have happened with him going to school and her not supporting him. I agree though with not paying her - find a legal way to not pay her if it is of no benifit to your son.
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Old 10-15-2008, 09:03 AM
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Thanks for the reply. I do take the agreement as not having to pay, but I know how the courts are with fathers. I really don't want to go to court. I was gonna hopefully suggest to her, although she is never to understanding and wants all that she is intitled to, no matter who it hurts, that I pay my son, atleast I feel like he sees it come from me. Do I have to goto a court to get this done, or just agree with her? I know the osap thing is mean, but we hate each other so much, I only harbour this hate because of the crappy divorce laws in canada.
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Old 10-15-2008, 01:31 PM
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Just my experiences with OSAP.
Generally once the forms are filled out (usually in late summer), they offer an estimate of the entitlement, which may change based on the financial contribution earned over the summer through summer employment etc.

Once the child begins classes, they provide proof of income for the summer and they determine if a reassessment is necessary. In the first semester he would receive 60% of the total entitlement, then the remaining 40% in the winter semester (January).

If he is in classes now, he should have at the very minimum an estimate from OSAP and a clear outline of tuition/school expenses and living expenses. If he had to have the OSAP re-assessed they would again have provided him with an estimate of funding changes and the changes are reflected in the second half of the funding amounts because the OSAP offices have already sent the documents based on the initial application numbers to the post secondary institute to be available on time to pay tuition etc.
I think it is possible for him to provide you with an outline now, with any explanation as to why they would change, IE: OSAP reassessment.
But your agreement sounds like you do not have to pay. I agree with LV that there must be more to this then she is letting on.
Obviously it was financially more advantageous for her to pay the total amount then ask for support to continue, I’d ask for full financial disclosure before making any decisions.
If you want to self rep. it is not that difficult particularly because you have an agreement and you are just enforcing or making minor changes. I would think that a court would go with the idea of the child directly receiving the money until they have permanently withdrawn from the care of the custodial parent. IE moved into their own permanent home.
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Old 10-15-2008, 09:08 PM
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Thanks so much for the help. That is the thing, he got enough from osap for everything, he told me he is on a tight budget though. I hope to have all the numbers soon, I have asked for them. My whole point was how can I have to pay support to him, when she doesn't help pay him, and she lied that she was single on the osap forms, meaning of sole support of him. As I said, I will pay him directly if I have to pay anyone. Lastly, now that he is 18, my agreement was never court ordered, or registered I believe, so would she have a hard time getting FRO to help her, or could she nail me this way? Thanks for all the help!
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Old 10-16-2008, 06:52 AM
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If the OSAP covers his costs, then the courts would ask him why he hasn't obtained or tried to obtain a part time job to help ease him though the year without being so tight. The courts want to know that the child has exhausted all avenues of support, IE OSAP, bursaries, scholarships and yes employment.

As I see it, he's covered for his basic costs, but that there is little room for "extras". For him to wan to be "comfortable or kept at th level he has grown accustomed while in th earlier years, it's basically a case of "welcome to adulthood"!!!! Wanting and needing have become two very different entities and it's time that he learns to budget and understand the value of the dollar and startr pulling up his socks and helping wh=ith "his" costs.

My son is in college, and has a full course load, and is employed part time to help cover the extras that OSAP and other funding cannot. If he wants the latest clothing or video games, I'm done covering my share; if he wants the extras he's going to earn the money to cover them. I made sure he had a place to live, school fees/books/etc covered and food to eat. Anything above the basics is his responsibility, as it should be, he's an adult now.

The fact that you are seperated doesn't change his position coming into his own. There is a time to cut the purse strings. Personally if you can afford to help him out with the extras I think the money should go to him directly, not the ex. Period!
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Old 10-16-2008, 10:41 AM
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I just want to make sure I am filled in, because she is one of those sticklers that thinks she should have the world. Would all this mean she wouldn't get child support for sure? Could she get FRO after me? I don't want any surprises. She claims he is still eligible for support because he is in school full time, therefore he is a dependant. As I said, he isn't getting anything from mom, so how does she want me to pay. Thanks for all of your help, it is making a little more sense.
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