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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 04-15-2009, 05:50 PM
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Default CS for a child away at college

Hi... has anyone had a child attend college away from home? I'm wondering how it works... does the non-custodial parent still pay child support? Is the child support turned over to the child so he/she can pay their room and board at school? Does that mean the non-custodial would turn over what would be their share of child support to the child too? Is it the custodial parent's decision?

I don't know where to begin with this one... anyone dealt with this yet?
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Old 04-15-2009, 08:12 PM
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Quote:
Originally Posted by phoenix View Post
Hi... has anyone had a child attend college away from home? I'm wondering how it works... does the non-custodial parent still pay child support? Is the child support turned over to the child so he/she can pay their room and board at school? Does that mean the non-custodial would turn over what would be their share of child support to the child too? Is it the custodial parent's decision?

I don't know where to begin with this one... anyone dealt with this yet?
Its a common scenario.

When an order provides support for a child, Child support is still payable by the non-custodial to custodial parent. The logic beyond this is the Custodial Parent still has to maintain a home for said child in the few off months that the child does not attend post secondary school.

Expenses for post secondary education such as tuition, books, lodging are generally shared between the parents reflective of their income.


lv
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Old 04-15-2009, 09:15 PM
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Wow... I'm very surprised at that. Thanks for the quick reply.
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Old 04-16-2009, 06:45 AM
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We've dealt alot with legal issues regarding a child living away from home while attending post secondary school. Yes, you must still pay child support to the mother as she maintains the home for the child. Expenses for tuition, books, etc are POSSIBLY payable, however, it depends on your income level as well as the mothers income and child's income (if any). Generally children are expected to work to contribute to their tuition education. The fact of tuition is also based on your 'affordability' to contribute to such expense. So all income is considered and not always required to be paid by you, especially if your income does not allow for said expense.
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Old 04-16-2009, 08:05 AM
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I am in that fight right now. I was in court on Feb 5th of this year. The judge had asked why I was still paying CS if the child was away at school. The mother was getting CS and supposable forwarding that to the child. The judge had asked me how much I thought I still had to pay for the collage of the child. After I had already paid over $15000 i said $1000-2000 to finish up which he did not agree. The session ended with an order for the mother to produce all relevant receipts and for me to produce 3 yrs of tax returns. We are to take 1/3 off the top of the child's education expenses (child's portion) and the remaining 2/3 is to be shared appropriate to income. Mine being 68% But the child support I have paid will be credited towards that 2/3 Hope when I go back that the judge remembers what they advised the last time I was in front of him. (July 09)
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Old 04-16-2009, 12:03 PM
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My hubby pays CS for a child who attends school and does not reside with the mother while in school. He attends school in another province. Yes the non custodial parent is still required to pay CS to the custodial parent. It is the custodial parents decision where & how that money is spent. Unfortunately there are many flaws in the CS laws. You must pay to Mom & who knows if that child receives any portion of that money. For all you know the child could be working to finance their education along with OSAP and nobody provides proof of anything, except the paying parent, who must divulge his T4 to prove his income, so Mom can receive her chunk of money. As far as I'm concerned, once the child reaches age of majority, it should be mandatory that proof of residence and schooling and income info be provided to the payor. The child could be paying for school through work themselves, along with OSAP and Mom could be vacationing on the CS she receives from you. The laws are too favoured for the custodial parent and since that child is supposedly at age of an adult, they should be required to provide all information so that the payor knows exactly how their schooling is being funded. At this age they could be residing with a boyfriend/girlfriend full time and never residing with the custodial parent, however, it is so claimed and you continue to contribute CS to Mom, when in fact this could be a case of ' withdrawing from parental control', which in fact if proved would constitute termination of support, for they no longer reside or have a home base with mom. Support is generally not paid directly to the child unless a child files for an application of support by themselves against you, then it would be paid direct to the child In the meantime, Mom is in control. Do more research on your child, especially if they are attending post secondary school...proof of full time school reports forwarded to you, proof of current address, investigate and stop at nothing for all the info you need. Any questions, don't hesitate to ask and if I can help, I would be glad.
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Old 10-16-2009, 04:20 PM
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Hi guys I need some help please assist me. I do not live with my mom, I have been going to college and trying to support myself with a part time job. My mom is receiving child support for me and has been for a couple of months. I do not live there and she has not helped me in any type of way. My dad wants me to go to court with him and get the payee in my name so I can receive the CS directly. What should I do? The case originated in NY so CS does not stop until I'm 21 and I am 19 now. I have looked and searched and can not find any answers. I don't think its fair that my mom gets money for me but I'm not there nor does she help me at all.
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Old 10-16-2009, 07:05 PM
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Go to court and see if a judge will change the payee to you from you dad and try and get your mothers portion paid to you also. She would have a % that she is legally responsible for also. Thats on top of what your father is responsible to pay in CS. Just my thoughts.
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Old 10-26-2009, 08:23 PM
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jonathanwoodruff3, i agree with OttawaM43, you need to see if a judge will change get you to be named the payee.

Alternatively, if you use your dads home as a place to go on weekends and/or holidays, your mom may have to pay your father child support. At that point, your father can turn over the CS he now pays your mom, plus the CS she sends for you, to you, which will help you.

Even if your mom is not ordered to pay CS to your dad, if you name his home as the primary residence that you "stay at" on vacations, your dad should not have to send CS to your mom anymore at all, and at that point can give you that money directly.

Good Luck!
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Old 06-04-2013, 10:46 AM
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I am having same away at school problem. Ex thinks CS is her money, she still wants it while daughter will be 4 hours away at school. Ex has daughter fully funding her own education with OSAP. Daughter also working this summer. So daughter ends up with debt and using all summer job money, Ex collects CS...seems unfair.
My lawyer says most judges will say pay CS when at home for holidays, and Ex and I help with education based on our incomes.hopefully we can work it out without court.
But Ex is not being reasonable.
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