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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 03-20-2017, 09:26 AM
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Default CS after post-secondary

My husband has been paying child support for his ex's son as well as 1/3 of his post-secondary education (He also pays CS for his daugher). The son's course was two years and wraps up at the end of April. My husband offered to continue paying CS until September (2017) to give him time to find a job and now that's what's in their order. His ex has been vocal about wanting to fight it; she feels he shouldn't have an end date for child support.

late last year the son was diagnosed with some sort of heart issue and is on medication. He still attends school full time, drives, etc. He even took the written exam for the police acadamy and has plans to take the physical. But she is now taking us back to court to have child support extended because he has a "medical condition where he can't support himself". We know that she's upset she's going to lose over $600/month of support. And she's certainly playing the sympathy card telling everyone he might "die any day"

Jut wondering what the chance is that CS will be extended for him.
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Old 03-20-2017, 09:43 AM
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She will have to prove that he is unable to work and this would include providing proof for his permanent "disability". If hes trying to be a police officer then shes going to be sadly mistaken in getting more support.

Is there anything in the order that states something like "to age xx or first post secondary degree, whichever comes first"?

Let her file the paperwork to go to court. He can provide an offer to settle which is along his lines of six months more of cs to get him on his feet with a caveat that he will seek costs if she goes through with court and loses. Hopefully she speaks with a lawyer who sets her straight.

For now just put her on ignore and if she refuses to negotiate, stop paying cs according to the agreement (first ps degree or 21) and wait until she takes action.

I would also recommend that your partner ensure he has been completely up front about his income and any increases to cs accordingly. It doesnt matter what your order says or what the ex has done wrt updating. He needs to be completely honest that his cs is EXACTLY to his income and tables otherwise the first order of business in your case conference will be to update.


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Old 03-20-2017, 09:46 AM
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Thanks! He has always been upfront and his CS is updated yearly. The current order states that he will pay 1/3 of one post secondary degree and continue to pay child support until September 1, 2017.
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Old 03-20-2017, 10:08 AM
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Why not offer to pay the child support directly to the adult child of the marriage if he agrees to reside with you. Cut out the middle parent.
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Old 03-20-2017, 10:10 AM
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My husband hasn't been in his life since the child was 10 (he's 20 now). I don't think he would agree nor the mother. She doesn't work and lives off the CS.
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Old 03-20-2017, 10:13 AM
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Then there you go. The onus is on her to prove hes still entitled. If you live in a province that has a maintenance agency (ie Ontario --> FRO) be prepared to get a letter three months from September saying he owes. Dont panic, just send them the agreement that shows that and leave it.

Until he gets court papers saying otherwise, hes got an order to pay until Sept 2017 and his ex will need to get a new order and in that order she will need to prove entitlement.


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Old 03-20-2017, 10:36 AM
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Quote:
Originally Posted by StepMama14 View Post
My husband hasn't been in his life since the child was 10 (he's 20 now). I don't think he would agree nor the mother. She doesn't work and lives off the CS.
You would be surprised what a 20 year old would do for money.

Judges are going to have to think long and hard about the millennial living at home situation and if that extends "child support".

http://www.huffingtonpost.ca/2016/05..._10172474.html

They really need to update the FCSG to have a cut off age for CS.

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Old 03-20-2017, 10:44 AM
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Especially for those who take a year off between HS/university and then dont pass all their courses and need to take an additional year to two years to graduate!!


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Old 03-20-2017, 11:04 AM
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Especially for those who take a year off between HS/university and then dont pass all their courses and need to take an additional year to two years to graduate!!
Ride the gravy train!






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Old 03-20-2017, 11:18 AM
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Haha I swear, post secondary and cs while kids are away at school have to be biggest difficulty in financial decisions AFTER all the settling of other stuff.


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