Cross-Province CS and Post-Secondary

[MaggieKM]

Hubby's ex. took him to court in 2009 for CS and arrears (she claims that hubby never paid her prior to 2006 when hubby and I got married). He used to pay her in cash, so he had no records. When we joined finances, I insisted that we write cheques/money orders so we could have a paper trail in case she decided to go to court...And she did...A court order was drawn in Alberta. She was awarded retroactive CS for 1 year in the amount of $3012 in the form of an RESP in the child's name and CS to be paid monthly via MEP. She never registered with MEP, and shortly after, she moved to BC to pursue work as a real estate agent where she currently works. They were also ordered to exchange income tax info. annually (it's never happened). Section 7 expenses were ordered at 50/50. The child graduated from high school in June 2011. Hubby spoke with his lawyer, and he advised him not to pay CS after he graduated high school. In September, they sprung the "oh he is in full-time college, so you need to pay CS" line. We resumed the full amount of CS after verifying with the institution that he is indeed registered full-time. Money for tuition was withdrawn from the RESP, and that covered the tuition 100%. She did not request any money for books, so we assumed either he or she paid (he had been working full-time all summer). Their relationship has been strained because of his marriage to me - long story. They have not been together since the child was 9 months old, and I met hubby and got married in 2006, so there was no home-wrecking there. She has an older son by another man, and a younger son by another man who she was married to and is separated from for as long as I've known her. Her divorce is still not final. She moved to BC without telling hubby, and phoned him to inform him after the fact. The only contact info. we have for her (address) is a PO Box. We found her phone number via her real estate page - it was never volunteered. Hubby and I now have 2 kids together (ages 3 and 6 months). I am home on mat. leave.

The child recipient will turn 19 in February 2012 (age of majority in BC) but living at home with the custodial parent (recipient of CS payments) and working. Hubby finally got a hold of him (they never pick up the phone when he calls or return his calls) and the child informed hubby that he essentially failed his classes, so he taking this upcoming semester off. Is child support still owed in this case? I am asking because the age of majority in Alberta is 18 and they are living in a different province where the age of majority is 19. Payment was made through December, because the child was in full-time post-secondary. The child told hubby that when he returns to school in September 2012, he will do it on his own dime - not so sure where that came from, but he also mentioned moving back to Alberta in the spring to be with a girl he was with prior to their move in 2009. It all remains to be seen...He has a track record of never following through or sticking with anything. Also, what are the chances of her getting awarded any $$ if he decides to go back to school in September after taking time off? Anyone have to deal with this? There will still be enough $$ in the RESP to pay for another full semester at 100% of the tuition if he chooses to attend the same institution. She won't have to pay any tuition, and she never did this past semester even though she was to pay 50%. Does the fact that the RESP that paid for the tuition was a retroactive CS payment nullify the fact that the funds indeed came from hubby? Even though he also continued to pay CS for the whole semester? Is the fact that hubby have 2 small kids to take care of factored in? (even if I go back to work and pay for full-time care for the kids, we don't come out on top if we have to keep paying CS). Her last communication with hubby, she asked if hubby had another RESP for him (he doesn't), and wanted that AND CS. Also in this case, where would the case be heard? Alberta or BC? Should my hubby file a motion to stop child support here in Alberta? What does that entail? Does she have to physically come here for a hearing, or is it a matter of getting a letter from the institution saying he's no longer involved and using it to file here? Or would this also need to happen in BC?

[Berner_Faith]

Check out this website... Child Support Laws Near the bottom you will find information regarding ending support.

This is what I think will pertain to you...

ENDING TIME

In Canada child support typically is owed as long as your children are in college or university earning their first post-secondary degree or diploma.
QUITTING SCHOOL

If your child is over the age of majority and has stopped going to school but you have an order requiring child support, then you need to have the situation addressed by a judge. Until you have a new order you are bound by the terms and obligations of your existing order.
NO GRADUATION

You are required to pay child support until a judge tells you that you can stop. This may be when your child reaches the age of majority (18 or 19 depending on the province you live in) but in most cases it can be extended to assist children who are still dependent on their parents.
This category includes adult children attending school as well as children with medical needs. The expectation for child support for adult children attending school is that child support will typically be paid while your child completes high school as well as the first degree or diploma program

The RESP most likely will not be factored in to any calculations because that was CS he was obligated to pay, doesn't mean he doesn't have to pay for post secondary.

Your new family has nothing to do with his CS obligations. Unless you file for undue hardship he is still required to pay the amount ordered.

Cases are heard where the children reside.

[MaggieKM]

Thank you! I just read through the page, and I'm curious about:
WORKING / RETURNING TO SCHOOL

"Some students choose to work for awhile and then go back to school. In this scenario, there are many variables at work in determining whether child support must still be paid once the child returns to school.
The court will consider many factors, such as the age of the child, whether they are living in a committed relationship, the child’s income, and the reasons for the child leaving school and returning to school.
Because one of the generally accepted times for cutting child support is after the first post-secondary degree or diploma, it is quite likely that you will be required to pay child support when your child returns to school if the interruption was for something like taking a year off to travel through Europe.
Another accepted time for terminating support is when the child is able to support himself or herself, so if your child has been out in the world for a few years, the judge may not order a resumption of support."


This is what is going to happen in our case. Would they consider the fact that he actually attended for a semester and then flunked out? Isn't there an onus on the child to at least PASS if the parent is expected to pay??? Also, doesn't the child's income factor in? The ex. seems to think that they will just split the cost 50/50. They did not bother applying for any kind of financial aid this past semester. It was all paid by the RESP. So...is the Alberta order void because she moved? The current order is non-specific. It just states the monthly amount payable on the 1st. We realize the new family does not factor in for CS, but from what I read on the CanLII website last night, it does for post-secondary expenses. My concern is with paying CS, AND having to pay for post-secondary, we would pretty much be homeless just to put him through school...:-/ Even if I went back to work (I plan on doing so because we NEED it), we would still be in the hole if we were making all those payments and putting 2 kids in daycare. We don't qualify for subsidies for daycare. She is very good at hiding her income. During the initial hearing, she did not have taxes for 3 years filed as requested by the lawyers - had an elaborate excuse. She was separated, renting out the marital home, and living common law with her then fiancee (they're broken up), had quit her job due to "stress" and was making $0, so she qualified for aid then. Despite that, section 7 was ordered at 50/50. Hubby still maintains him on his health insurance, and has paid half of whatever was needed for section 7. Also, we've been paying her directly not via Alberta MEP which is what is on the court order. She never registered, and then moved out of province. I read on the Alberta Justice website that MEP collects until age 22 unless advised otherwise. I just spoke with DH, and he will be calling his lawyer on Tuesday for advice. Meanwhile, we will stop the payments and bank that money in case she decides to come after us...Hubby is not going to pay for an adult child who is working full-time and not in school at all...If that changes (i.e. he is in school full-time), then we can re-visit making the payments. This is what was advised to us by 2 lawyers here in Alberta, and a lawyer in BC (we have legal advice access through my job) - we only pay IF he is in school, but from the sounds of it, we may want to get a new order terminating CS, yes?

Thanks for clarifying re: the RESP.