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  • CS for a child away at college

    Hi... has anyone had a child attend college away from home? I'm wondering how it works... does the non-custodial parent still pay child support? Is the child support turned over to the child so he/she can pay their room and board at school? Does that mean the non-custodial would turn over what would be their share of child support to the child too? Is it the custodial parent's decision?

    I don't know where to begin with this one... anyone dealt with this yet?

  • #2
    Originally posted by phoenix View Post
    Hi... has anyone had a child attend college away from home? I'm wondering how it works... does the non-custodial parent still pay child support? Is the child support turned over to the child so he/she can pay their room and board at school? Does that mean the non-custodial would turn over what would be their share of child support to the child too? Is it the custodial parent's decision?

    I don't know where to begin with this one... anyone dealt with this yet?
    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.

    Expenses for post secondary education such as tuition, books, lodging are generally shared between the parents reflective of their income.


    lv

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    • #3
      Wow... I'm very surprised at that. Thanks for the quick reply.

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      • #4
        We've dealt alot with legal issues regarding a child living away from home while attending post secondary school. Yes, you must still pay child support to the mother as she maintains the home for the child. Expenses for tuition, books, etc are POSSIBLY payable, however, it depends on your income level as well as the mothers income and child's income (if any). Generally children are expected to work to contribute to their tuition education. The fact of tuition is also based on your 'affordability' to contribute to such expense. So all income is considered and not always required to be paid by you, especially if your income does not allow for said expense.

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        • #5
          I am in that fight right now. I was in court on Feb 5th of this year. The judge had asked why I was still paying CS if the child was away at school. The mother was getting CS and supposable forwarding that to the child. The judge had asked me how much I thought I still had to pay for the collage of the child. After I had already paid over $15000 i said $1000-2000 to finish up which he did not agree. The session ended with an order for the mother to produce all relevant receipts and for me to produce 3 yrs of tax returns. We are to take 1/3 off the top of the child's education expenses (child's portion) and the remaining 2/3 is to be shared appropriate to income. Mine being 68% But the child support I have paid will be credited towards that 2/3 Hope when I go back that the judge remembers what they advised the last time I was in front of him. (July 09)

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          • #6
            My hubby pays CS for a child who attends school and does not reside with the mother while in school. He attends school in another province. Yes the non custodial parent is still required to pay CS to the custodial parent. It is the custodial parents decision where & how that money is spent. Unfortunately there are many flaws in the CS laws. You must pay to Mom & who knows if that child receives any portion of that money. For all you know the child could be working to finance their education along with OSAP and nobody provides proof of anything, except the paying parent, who must divulge his T4 to prove his income, so Mom can receive her chunk of money. As far as I'm concerned, once the child reaches age of majority, it should be mandatory that proof of residence and schooling and income info be provided to the payor. The child could be paying for school through work themselves, along with OSAP and Mom could be vacationing on the CS she receives from you. The laws are too favoured for the custodial parent and since that child is supposedly at age of an adult, they should be required to provide all information so that the payor knows exactly how their schooling is being funded. At this age they could be residing with a boyfriend/girlfriend full time and never residing with the custodial parent, however, it is so claimed and you continue to contribute CS to Mom, when in fact this could be a case of ' withdrawing from parental control', which in fact if proved would constitute termination of support, for they no longer reside or have a home base with mom. Support is generally not paid directly to the child unless a child files for an application of support by themselves against you, then it would be paid direct to the child In the meantime, Mom is in control. Do more research on your child, especially if they are attending post secondary school...proof of full time school reports forwarded to you, proof of current address, investigate and stop at nothing for all the info you need. Any questions, don't hesitate to ask and if I can help, I would be glad.

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            • #7
              Help me please.

              Hi guys I need some help please assist me. I do not live with my mom, I have been going to college and trying to support myself with a part time job. My mom is receiving child support for me and has been for a couple of months. I do not live there and she has not helped me in any type of way. My dad wants me to go to court with him and get the payee in my name so I can receive the CS directly. What should I do? The case originated in NY so CS does not stop until I'm 21 and I am 19 now. I have looked and searched and can not find any answers. I don't think its fair that my mom gets money for me but I'm not there nor does she help me at all.

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              • #8
                Go to court and see if a judge will change the payee to you from you dad and try and get your mothers portion paid to you also. She would have a % that she is legally responsible for also. Thats on top of what your father is responsible to pay in CS. Just my thoughts.

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                • #9
                  jonathanwoodruff3, i agree with OttawaM43, you need to see if a judge will change get you to be named the payee.

                  Alternatively, if you use your dads home as a place to go on weekends and/or holidays, your mom may have to pay your father child support. At that point, your father can turn over the CS he now pays your mom, plus the CS she sends for you, to you, which will help you.

                  Even if your mom is not ordered to pay CS to your dad, if you name his home as the primary residence that you "stay at" on vacations, your dad should not have to send CS to your mom anymore at all, and at that point can give you that money directly.

                  Good Luck!

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                  • #10
                    I am having same away at school problem. Ex thinks CS is her money, she still wants it while daughter will be 4 hours away at school. Ex has daughter fully funding her own education with OSAP. Daughter also working this summer. So daughter ends up with debt and using all summer job money, Ex collects CS...seems unfair.
                    My lawyer says most judges will say pay CS when at home for holidays, and Ex and I help with education based on our incomes.hopefully we can work it out without court.
                    But Ex is not being reasonable.

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                    • #11
                      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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                      • #12
                        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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                        • #13
                          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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                          • #14
                            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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                            • #15
                              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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