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

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  #21 (permalink)  
Old 01-21-2014, 09:22 AM
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Quote:
Originally Posted by KW_Divorced View Post
Hi all, by way of recent update, a 2nd child has quit university and is seeking to temporarily re-enter the workforce in the fall. So now I have 2 kids out of school however intend to re-enter come September. So for the next 9 months, I will be paying my ex far more CS than she is entitled to and by the time I work my way through the court system, they will be back in school (hopefully). Does that mean I would still get relief for the time they were out of school? If not, I am just wasting time/money and would have gotten nowhere.
I would do whatever you need to do to see that CS is stopped now. If that means going to court because your ex doesn't cooperate, ask for costs, and for her to pay back any arrears. You have no idea what will come to pass with the kids' plans for returning to school. If and when they return to school, you can then reinstate CS, or better still, treat the kids as adults and give them money directly.

As for SS, that should stay the same no matter what CS does, but it's calculated funny so I can't be certain. However, SS duration is sometimes tied to the kids turning 18, so maybe you can argue that this should end too!
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Old 01-21-2014, 10:13 AM
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Quote:
a 2nd child has quit university and is seeking to temporarily re-enter the workforce in the fall. So now I have 2 kids out of school
Read the rules regarding CS for adults kids...right off the bat

1. child must be 18 and registered in FULL TIME EDUCATION for it to continue

2. unless there is some form of disability / health issues prohibiting the child from working


So you can see that if none of the above applies, CS should stop "period"
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  #23 (permalink)  
Old 01-21-2014, 11:13 AM
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KW_Divorced -

Simply log onto the Federal Child Support Guidelines and input your income to determine the child support payable for one child.

Write a letter to your ex stating that you are discontinuing support for two of the children as they no longer qualify as children of the marriage as they have discontinued their studies.

If you are paying her directly, send the reduced payments from now on. If you are making payments through FRO, fill out this form and send it to them -

http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/006-FRO-031E~2/$File/FRO-031E.pdf
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  #24 (permalink)  
Old 01-21-2014, 11:20 AM
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In order to adjust the spousal support amount, your ex will need to prove a material change of circumstance. There is some case law where the end of child support meets that standard

However, I believe you wrote that you reached your agreement 20 months ago. Less than two years ago it was certainly foreseeable that your children would end their studies in the near future and that child support would end.

The end of child support in your case does not meet the material change of circumstance necessary to alter your agreement.

If your ex persists, ask her what her grounds are for material change. You've written that she is now working. That could be a ground only if it was unforeseeable when you negotiated your agreement/were granted your court order that she would be employed in the future.
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Old 01-21-2014, 12:28 PM
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" In deciding whether the conditions for variation exist, it is common ground that the change must be a material change of circumstances. This means a change, such that, if known at the time, would likely have resulted in different terms. The corollary to this is that if the matter which is relied on as constituting a change was known at the relevant time it cannot be relied on as the basis for variation. "

Because both you and your ex knew at the time you negotiated your agreement that child support would end when your children ended their studies, she cannot use the fact that child support has ended as a reason for trying to alter your agreement regarding spousal support.

She was free at the time of negotiation to ask that the "without child" SSAG be used once child support ended and didn't.
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Old 01-21-2014, 12:34 PM
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Quote:
She was free at the time of negotiation to ask that the "without child" SSAG be used once child support ended and didn't.
That will only have been feasible depending on how long SS was awarded for based on length of marriage...won't it?
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Old 01-21-2014, 12:36 PM
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They were married for 22 years so under the SSAG spousal support would be for an indefinite term
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Old 01-21-2014, 12:44 PM
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Note: Providing the rule of 65 applies....they could have been married at ages 18,19 or 20....just saying
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  #29 (permalink)  
Old 01-21-2014, 12:54 PM
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Quote:
Originally Posted by FWB View Post
Note: Providing the rule of 65 applies....they could have been married at ages 18,19 or 20....just saying

No. Indefinite term isn't only dependent on the rule of 65.

Indefinite term also applies to long term marriages of more than 20 years under the SSAG

if the marriage is less than 20 years but the age at separation plus the years of marriage add up to 65 or more, the term is also indefinite

Both circumstances can result in indefinite terms
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Old 01-21-2014, 01:08 PM
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My point.....Indefinite is not always automatic based on longer marriage, other factors play into the award

You are indeed right, and don't think am disputing your point, on the contrary Winter.

However, I don't like the games you are playing with this weather....serious sub zero temps all the way to Saturday????
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