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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 08-23-2012, 07:09 PM
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Default What constitutes a post secondary education

I was wondering if anyone knows what constitutes a post secondary education on the eyes of the provincial courts. My understanding is that a 3 year BA is considered a degree by the federal system. My view is that a 3 year degree should be considered as a post secondary degree. If the child elects to pursue an honors degree or a Masters, then this would be in addition to the 3 year BA.
Also, to end child support, would the end date of classes or the date of graduation be used as the effective end date.

My ex has refused to provide any form of proof my daughter is actually in university, my daughter estranged herself from me at the age of 13 and I have had no contact. My ex has stated shenis in post secondary education, butnrefuses to provide any details. i have been paying CS and Sec7 for 18 years, my daughter will be 21 this year, and based off my math, should have attained a 3 yr degree by May 13.

I would like to go to court one time, and one time only to have the CS ended.

Thoughts and comments?
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Old 08-24-2012, 12:43 AM
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Is there a Court Order? FRO involved? If yes, FRO could request that info from the other parent. If not, you could officially request for them to provide you that info (School, programs, any scholarships or student loans), and advise that if that info is not provided within 30 days, you will be bringing a motion to end support.

Also, if you do more research on this forum, there were many other posts here addressing that issue of when and how to end support and request info from them.
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Old 08-24-2012, 07:41 AM
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Yes there is a court order, it does not specify exactly when CS is to stop. Yes the FRO is involved. I was advised last year that despite my ex refusing to comply, the adds where very good that I would be ordered to continue to pay CS until she obtained a post secondary degree. My approach is two fold, the ex refuses to comply, and the daughter will have attained a three year degree as of a set date. I would then ask for the court to order CS ceased effective that date.
This would be a one time trip into the court system, with hopefully an air tight case.
As FRO is involved, the more lead time I can give them with a new order the better. We all know what a fine functioning institution it is.
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Old 08-24-2012, 08:49 AM
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File a motion to terminate c/s based on your belief that the child is not enrolled in full time school. She will have to provide evidence that the child is still registered, and if she does, you can withdrawl you motion.

As for how many degrees the kid will be permitted? How many do you or your ex have? That is generally what the courts go by.
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Old 08-24-2012, 12:41 PM
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Just because a basic degree can be completed in three years does not mean that she's registered in that kind of program.

But if they won't provide proof of her educational program, inform them that you will assume it's a three year one and that CS should finish. Then they'll either have to provide the information, or let you stop CS, or go to court.

But if it goes to court, and they provide proof there that it's more than a three year program, be prepared to keep paying, and possibly not get an end date.
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Old 08-25-2012, 10:40 AM
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My ex has a 3 year BA, so my thoughts were on line with HammerDads. If the ex has a 3 yr BA and has done well for herself, then it should be suffient for the child. My plan is to send my ex, via registered mail the following proposal.
A. Sign the Agreement to end Child support documents, which will be effective 1 May 13; or
B. Court.
I will present the fact that she has refused to provide any form of proof of daughters educational enrollment, refused to allow me to be part of educational plan, refused to provide proof daughter actually lives with her as well as about 4 other violations to the various court orders in place.

If it goes to,court hopefully the judge will look at my several attempts to obtain the information from her,mthe fact that despite not having any input into the educational plan, that I have provided CS and Sect 7, to support my daughter through to obtain a BA.

We have all seen the way courts treat fathers, so I am trying to go for an air tight case here
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Old 08-27-2012, 12:19 PM
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A few points:
1 - There is no limit to education. If you believe the child is becoming a student for life then you can seek termination; however, there are also cases when multiple degrees have been grounds for continued child support. Nothing limits a child to pursuing only one degree.
2 - She is an adult and refusing to have any contact with you. This could be grounds for termination of child support.
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Old 08-27-2012, 04:29 PM
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FULL STOP.

You are through FRO. This changes your process.

Send the ex an email asking her to confirm the child's enrollment in full time post secondary education for the upcoming year. (Include program of study/etc). If you are ignored/refused, then the steps below start:

1. Send the ex the FRO "Notice of Withdrawal" form, requesting she agree to withdraw from FRO based on the child having obtained a post secondary degree and therefore no longer being a "child of the marriage".

2. If that is refused/ignored, you fill out and submit the "Notice to End Support" to FRO. They will send the ex a form where she must provide proof the child is still enrolled full time post secondary.

3. If THAT fails, then file a motion with the court to terminate support. Attach the notice of service/any relevant docs from the first two steps as exhibit evidence.

IF you want to get costs back (ie. CS that was overpaid while the court case is heard) then you MUST do the first two steps.
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Old 08-27-2012, 05:16 PM
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NBDad- whats the time limit for her to provide that info to FRO forms? 30 days or or is there no limit and you could end up waiting forever?
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Old 08-27-2012, 10:34 PM
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Case law to support your position:

CanLII - 2006 CanLII 16375 (ON SC)



Quote:
Originally Posted by Tiredofthefight View Post
I was wondering if anyone knows what constitutes a post secondary education on the eyes of the provincial courts. My understanding is that a 3 year BA is considered a degree by the federal system. My view is that a 3 year degree should be considered as a post secondary degree. If the child elects to pursue an honors degree or a Masters, then this would be in addition to the 3 year BA.
Also, to end child support, would the end date of classes or the date of graduation be used as the effective end date.

My ex has refused to provide any form of proof my daughter is actually in university, my daughter estranged herself from me at the age of 13 and I have had no contact. My ex has stated shenis in post secondary education, butnrefuses to provide any details. i have been paying CS and Sec7 for 18 years, my daughter will be 21 this year, and based off my math, should have attained a 3 yr degree by May 13.

I would like to go to court one time, and one time only to have the CS ended.

Thoughts and comments?
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