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

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  #11 (permalink)  
Old 06-04-2013, 10:01 AM
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Quote:
Originally Posted by logicalvelocity View Post
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.

...lv
This is not true as you can see by the posts here and others in this forum, and case law supports it. CS can go to the child, or be reduced to the CP.

If you have a CS order though, you have to get that changed, for this or any other reason to have it stopped or reduced.
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Old 06-04-2013, 12:54 PM
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anyone have case law reference for not paying CS while the child is living away from home for post secondary school?
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Old 06-04-2013, 11:13 PM
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Child away at school living with friends. This is what happened with my results in L'Orinal court.
1) Child pays 1/3 of total education.

2) Parents pay 2/3 of total education based on income (mine was %70 of the 2/3)
3) Child support paid to the mother while kids no longer lived at her house was taken off my portion of the 2/3 for education (although mother claimed she paid for it all. Not true) I ended up paying less off the top for their education with the credit for cs paid over the education years.

Hope this helps
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Old 06-05-2013, 09:12 AM
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Quote:
Originally Posted by OttawaM43 View Post
Child away at school living with friends. This is what happened with my results in L'Orinal court.
1) Child pays 1/3 of total education.

2) Parents pay 2/3 of total education based on income (mine was %70 of the 2/3)
3) Child support paid to the mother while kids no longer lived at her house was taken off my portion of the 2/3 for education (although mother claimed she paid for it all. Not true) I ended up paying less off the top for their education with the credit for cs paid over the education years.

Hope this helps
How would that work in shared custody with offset CS? Neither parent would have to pay to each other CS?
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Old 06-06-2013, 06:50 PM
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Sorry Canadian Guy im not a lawyer but i would assume that if you both pay child support or have offset cs then the education part would be paid with the 2/3 formula. Then take the income added together and then divided into each other to get the % of each payments. I would ask a judge to have any cs the is over and above given right to the child if they aren't in either house.


Hope this helps
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Old 06-07-2013, 08:20 AM
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Quote:
Originally Posted by OttawaM43 View Post
Sorry Canadian Guy im not a lawyer but i would assume that if you both pay child support or have offset cs then the education part would be paid with the 2/3 formula. Then take the income added together and then divided into each other to get the % of each payments. I would ask a judge to have any cs the is over and above given right to the child if they aren't in either house.
So only pay CS when the child is living at both homes during the 3-4 months in the summer than?

Would like to know if there is any case law out there for CS to be paid while in post secondary school and how the amount for school is split between parents and child.
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Old 06-07-2013, 09:37 AM
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Quote:
Originally Posted by Canadaguy View Post
How would that work in shared custody with offset CS? Neither parent would have to pay to each other CS?
My agreement states the following we are shared 50/50 with offset

Quote:
When a child begins to live away from home for educational purposes, the parties will review the amount of child support payable by each parent in order to take into account the reduced costs to each parent and the fact that each parent is contributing to tuition and residency costs.
Of course this is not a formula. So we either have to agree on something or get an order.

I also have two kids so when the first goes the other will still be shared.
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