post-secondary expenses at 89%!

[Mess]

In the first part of your last response, I don't understand what you mean by "offset table support based on Income ....."

Take what one parent would owe the other according to the child support tables.

Now take what the other parent would owe the first according to the child support tables.

Subtract one fromm the other. This is what is owed, typically, in anything between 40% - 60% residence with each parent.

This is referred to as "setoff" of "offset" support.

It is according to the Child Support Guidelines section 9 (a). The Child Support Guidelines were written by the Federal Department of Justice and are incorporated into each provinces version of a family law act. As such, they have the full weight of law behind them.

The appeal case, Contino vs Contino clarifies the application of the section 9 requirements, and should be considered the primary case law for any interpretation of section 9.

[Tiredfella]

how and does child tax benefeit come into it?

Does the child tax benefeit get factored into any of this when trying to figure out a reasonable offer? I'm not too sure what it's all about or if it even falls into these figures.

[FB_]

Does the child tax benefeit get factored into any of this when trying to figure out a reasonable offer? I'm not too sure what it's all about or if it even falls into these figures.

No tax refunds/credits/benefits are not considered income or so my lawyer told me.

[dad2bandm]

Does the child tax benefeit get factored into any of this when trying to figure out a reasonable offer? I'm not too sure what it's all about or if it even falls into these figures.

I see FB already responded, and I suspect the same as him - the child tax benefit would not factor in. Is this even relevant though? For whom? For your ex's income, or yours?

Child tax benefit is only paid for a child, until they are 18, so I presume your child is at this, or close to 18 right now. Or perhaps there are other younger children you were referring to?

[Tiredfella]

my misunderstanding

Sorry guys, my mistake. I thought there was a portion of tuition costs that could be claimed on taxes. I assumed that it fell under this area. towards my Xs income. Thanks for clarifying!!

[Rioe]

Sorry guys, my mistake. I thought there was a portion of tuition costs that could be claimed on taxes. I assumed that it fell under this area. towards my Xs income. Thanks for clarifying!!

Oh, you are thinking of the T2202A form for transferring the tuition and education amounts from a child who earns little and doesn't really need the deduction, to ONE parent who can make better use of it. Works best on the taxes of the parent with the higher income, and I don't believe there are any restrictions about it being the parent with majority custody.

It's surprising, now that I think about it, that we haven't read more stories about parents fighting about who gets to claim it, the way we see lots of threads about the CCTB and section 7 tuition.

[FB_]

Sorry guys, my mistake. I thought there was a portion of tuition costs that could be claimed on taxes. I assumed that it fell under this area. towards my Xs income. Thanks for clarifying!!

The deduction is the child's. However parents are able to claim the deduction if they want. You need to speak to a tax lawyer / Tax expert regarding this.

I remember having to do something on my taxes so my parents could claim the tuition they paid on my behalf.

[first timer]

In regards to T2202A form for transferring the tuition and education amounts; I have claimed my daughters for the past 3 years because I paid for everything regarding her college expenses. We have a clause in our agreement that states that our kids are responsible for their own education costs so from my perspective I put up the money so I get to claim the transfer on my taxes. Ex has not inquired about it, perhaps because she fears being on the hook for some of the college expenses. So no fighting as of yet. But I still have 2 kids to go.

[Tiredfella]

Ok, here's the update......

I sent a response back with three options to settle (open for discussion). All three options involved a portion of the support going to my daughter. I even put a clause in there in regards to options for support if my daughter came to live with me for part of the week while at school.

Since X is self employed and claiming a ridiculously low amount in annual income, I asked for disclosure of buisness accounts including bank records of her common-law. I offered to pay for any expenses incured for the exmination of these. I asked for the OSAP password so that I could review my D's application (because X says she doesn't qualify). I asked for the amount of money given to her by a family member to help my D with her schooling. I also asked for mortgage applications for current home (500k) and previous home in order to see what annual income the X is claiming. One condition I had put in for Sec. 7 expenses was to have proof of passing grades of my D's schooling for ongoing payments for this expense.

The letter I received back was that I have no right to ask for these financials as the payor, and that it is the payee's right only to ask for such disclosure. They are threatning a motion in court stating that I am wasting everyone's time and money. Didn't address any of the settlement suggestions I made whatsoever. Was told that these matters are irrelevant. Again I do not have a lawyer, just doing some research and taking advice from this site. I have not given them my T4's for the past 3 years like they asked and are demanding them by the 10th.

I am not arguing child support at all, I am simply looking to get a fair representation of both of our incomes so that there can be a more realistic split of school expenses!!!!!!!!!!!!!!!! Oh I almost forgot, the X's lawyer stated that my daughter does NOT need to contribute at all and that she has reached age of majority therefore I have no rights to see her marks. She stated that even if my daughter failed school that this would not terminate my support obligations.

If anyone is interested or willing to give me a hand, I would be happy to upload or send the letters between X's lawyer and myself... (there are only 3).

I'm not sure where to go next. I was thinking of getting an order to at least get the child support portion moving forward and at least getting that out of the way so that if this does go to court at least the judge will see I'm not trying to mess around.

[me_vs_HCF]

Ok, here's the update......

The letter I received back was that I have no right to ask for these financials as the payor, and that it is the payee's right only to ask for such disclosure. They are threatening a motion in court stating that I am wasting everyone's time and money.

If are two things I have learnt in these forums:

1. Don't take, or stress about any legal advice from your ex or her lawyer. They can say anything they want, and it means squat. Her lawyer is trying to intimidate you into folding up like a cheap lawn-chair, and giving what she wants.


2. Spend $500 and get some summary legal advice. Hopefully they can give you a clear path to follow for resolution.

The PI sounds like the easy solution - he provides proof that she works more than she says, income imputed. done.

it will cost money, but so will giving her what she wants. AND it will teach your ex that you're not to be screwed around with, and your not going to be her life time door matt.

[Tiredfella]

I just have no idea what is going through her head right now??? But there has to be rules or case law that states what I'm asking for is legit?? Trust me, I'm not trying to make this go longer than it needs to be......

[beenthere]

Ok, here's the update......


The letter I received back was that I have no right to ask for these financials as the payor, and that it is the payee's right only to ask for such disclosure. They are threatning a motion in court stating that I am wasting everyone's time and money. Didn't address any of the settlement suggestions I made whatsoever. Was told that these matters are irrelevant. Again I do not have a lawyer, just doing some research and taking advice from this site. I have not given them my T4's for the past 3 years like they asked and are demanding them by the 10th.

I am not arguing child support at all, I am simply looking to get a fair representation of both of our incomes so that there can be a more realistic split of school expenses!!!!!!!!!!!!!!!! Oh I almost forgot, the X's lawyer stated that my daughter does NOT need to contribute at all and that she has reached age of majority therefore I have no rights to see her marks. She stated that even if my daughter failed school that this would not terminate my support obligations.

If anyone is interested or willing to give me a hand, I would be happy to upload or send the letters between X's lawyer and myself... (there are only 3).

I'm not sure where to go next. I was thinking of getting an order to at least get the child support portion moving forward and at least getting that out of the way so that if this does go to court at least the judge will see I'm not trying to mess around.

Hello Tiredfella,
The lines I marked in bold are ones that I have heard from my ex many times... all BS. If you search through my posts you will find some answers by Orleanslawyer stating very definitely that both your ex & D are obligated to give FULL financial disclosure as well as informing before any decisions are made regarding courses etc., although you seem to be on track with your D so it's just your ex that's being unreasonable.
I spent many hours searching the canlii site using the key words "adult child post secondary" sometimes throwing in the words "disclosure" or "failure to disclose" which was more fitting in my case..
One more thing I noticed is that you said you have an email from your ex stating that D was supposed to get a "free ride" for school but it was taken away after the disagreement they had and D moved to your place. Seems to me that if your ex was capable of paying the whole shot a few months ago she should have no problem coughing up for a third now?
Maybe I'm way out to lunch, lol.
Best of luck to you,
Cheers.

[FamilyLaw9]

Both sides have to disclose. You can't determine proportionate share if you don't know her income. You are entitled to see marks and proof of enrollment. If there is a refusal there could be grounds to terminate your contribution to school expenses. Your D may have an obligation to contribute depending on her situation. Usually she would have to contribute.

[me_vs_HCF]

I just have no idea what is going through her head right now??? But there has to be rules or case law that states what I'm asking for is legit?? Trust me, I'm not trying to make this go longer than it needs to be......

I think you're preaching to the choir

[Tiredfella]

Looks like they ignored everything...

Ya tell me about it! Well, looks like we are on to the next step??? So should I begin proceedings myself to get things moving or just hold off? I I should start can someone point me in the right direction. Obviously financial disclosure is an issue for her........ But I'm also thinking that a judge may impute the income I'm suggesting since it makes sense and she is doing nothing to disprove that?? Anyhow, anything is appreciated! One more question. When calculating CS, I know you go by the tables but if I have mandatory deductions on my salary such as union dues and receive clothing allowance (not much but some). Do I use total gross taxable income? Or straight up gross?