Looking for case law and personal experience (court) with respect to payment of child support when child is away at university. Is typical child support payment for summer months only? Does anyone know of case law or circumstance for payment during whole year (partial or otherwise?) Any tips on heavily cited case law for this topic would be appreciated. Thanks!
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child support and university
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Generally c/s is paid only during the months the child is at home. S7 expenses like residence costs and food cards cover what would normally be c/s if the child were at home.
Essentially, paying c/s while child is away at university is double dipping if the payer already paid for expense of the child living on residence/rent.
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Originally posted by rockscan View PostWell it should be interesting in my partners case as his ex has claimed cs for the months kid was away at school as well as all the living expenses at school in her court filings.
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Well then Ill be able to update everyone when that happens!! Shes going to spend thousands to get told to sit the frig down. My partner asked if I would represent him, I told him I wouldnt be able to stop my eye rolling and head shaking if I did.
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Originally posted by rockscan View PostWell then Ill be able to update everyone when that happens!! Shes going to spend thousands to get told to sit the frig down. My partner asked if I would represent him, I told him I wouldnt be able to stop my eye rolling and head shaking if I did.
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Two cases to be taken as the starting point:
https://www.canlii.org/en/on/onca/do...nlii15446.html
https://www.canlii.org/en/on/onca/do...nlii14132.html
A not-uncommon position for adult children living away from home is as follows:
- "Summer table" periodic support paid year round. The Summer table is one-third of the regular guideline amount of support, as the child resides with one parent for one third of the year (being May through August). Paying year round assists in budgeting since the home is maintained all year.
- The s.7 expense of education includes reasonable living costs, however any scholarships, RESP and the child's contribution are deducted. If the child receives OSAP (or other student loans) these are part of the child's deduction since the child must repay them in future. Often the child's contribution is either set at a fixed number, or being all of their discretionary spending, or at a percentage of the cost. The impact this will have on the child ought to be considered by the parents.
- The remaining cost is the actual s.7 expense, which is shared in proportion to income (keeping in mind that tax credits from the child impacts the cost!) in most cases. Since the child uses the funds for their schooling and subsistence it is not uncommon for the funds to be paid directly to the child when tuition is due, to maintain them through the semester.
For a parent seeking full guideline support for a child residing away from home for the majority of the year, paragraph 28 of the Park cases addresses the issue succinctly.
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Thanks OrleansLawyer!
My partner calculated cs for the months kid was at home but not while away.
The school costs he calculated as 1/3 eligible costs (less the tuition grant) to the kid. Ex is claiming kid can only pay $2000 less than that total. Shes also included non educational expenses like make up, teeth whitener, clothes, travel to her bf, meals out when she goes home etc. And she refuses to factor in the tax deduction.
I knew about the Lewi case but the Park case is helpful.
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