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  • #16
    I don't take advice or information as judgement, but if someone tells me I should have to pay for my child at 21 and says "Wtf?" because I do not believe I should have to, that's what I would consider judgement. Whether or not the law forces me to or not, I don't think it's right and I shouldn't be judged for that. My daughter herself even wants to do it on her own. Her mother is the one fighting and she will fight until a judge says no more. So I'm stuck going to court because she's greedy and we have to stop it through FRO. She really believes she's entitled when my daughter starts a new program and only wants to suspend payment until then. I just want it done so that I never have to deal with this greedy idiot ever again and I can deal directly with my daughter.

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    • #17
      Your beliefs are not really relevant in how the court deals with these matters, I think that is the point people are trying to help you with.

      In the eyes of the court, your ex has every right to bring this forward and they will also say that she is "Entitled", that this in the "Best interest of the child", and the "child is entitled to the support" regardless of what you or your child say on the matter. You should be very careful as to what you say or do in this regard because you will be accused of being "Aggressive", "Unreasonable", "Controlling"... this list goes on.

      Take a deep breath, deal through the courts, you have no option in the matter.

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      • #18
        I know when it comes to the court I have no choice. I've already been doing what I'm supposed to do and in no way would it look to a judge as being controlling because I have made reasonable good offers where hers are unreasonable and unrealistic (such as wanting me to pay her 18,000 dollars in 30 days because she believes I've been underemployed when I have not). But as a person, others should not judge my beliefs. That was my point. Advice about court is one thing, saying "Wtf" to the fact that I don't believe I should have to is another.

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        • #19
          As far as I've read the section about adult child support under the updated spousal support guidelines, they will consider a child's income and if the income is significant, they will consider it and adjust child support accordingly. It's just the issue of what a judge would consider significant. What I've learned in court is that it also depends on the judge you get. A judge seems to have much discretion in the cases of adult support.

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          • #20
            Child's income

            In your original post you made no mention of your ex other than her mother thinks I should still pay support. Your only info was:

            My daughter is almost 21, she has made more than 800 per month while attending college.

            How should I still have to pay based on my income when she makes that much money every month while attending school?
            This is what I actually said:
            Originally posted by rockscan View Post
            There’s more to your case than what you are saying and its great you don’t want to share. However, when someone comes here bitching about their kids making a lot of money so they shouldn’t have to pay anything, theres a certain level of wtf in readers minds.

            I never said WTF to you. I said there will be a level of wtf from the forum readers when you start in on your kid making money AND I pointed out that the courts don’t care.

            I wasn’t judging you. I was informing you of what to expect from an anonymous forum with a broad statement about your child. If I wanted to judge you I would have said you were being unrealistic and a bit of a jerk and should go and read cases on canlii of parents who want to cut their kids off.

            One of the things the senior people on this forum try to impress on posters for here and court is to leave emotion out of it, stick to the facts, don’t get upset by responses. For you, that would have meant asking the question of “how much does my kids income impact her contribution to school expenses and how long am I obligated to pay support when she graduates this month?”

            See the difference?
            Last edited by rockscan; 01-11-2018, 12:05 PM.

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            • #21
              I never said once that I didn't want to pay anything though. I asked if anyone had experience with "paying less" due to their child's income. That's what I was asking. For example, when a child is receiving disability payments each month as an adult, it does affect the amount payable, so I was basically asking If that much employment income is treated the same. If no one has had that experience then fine, but people should be smart enough not to assume I'm saying I don't want to pay anything.

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              • #22
                I read this on a Canadian lawyers blog:

                Quantum (Amount) of Support
                Even if a party establishes that there is an entitlement to support under either the Divorce Act or the Family Law Act, there is no guarantee that support will be ordered. Pursuant to section 3(2) of the Child Support Guidelines, a court is not required to order the presumptive Child Support Table amount for children over the age of majority if it finds that this is inappropriate in the circumstance. Instead, the quantum of support will depend on the condition, means, needs and other circumstances of the child, in addition to the financial ability of each spouse to contribute support.

                For example, it may be inappropriate to order the presumptive child support amount if the child is also receiving social assistance. In Ontario, adults with disabilities are often eligible to receive Ontario Disability Support Plan (ODSP) payments. If ODSP payments cover all or most of the child’s financial needs, support may be terminated or drastically reduced from the Table amount. This is because “the Table amount is predicated on the parents alone sharing responsibility for the financial support of their child. In the case of adult children with disabilities, the ODSPA [Ontario Disability Support Plan Act] commits society to sharing some responsibility for support” (Senos v. Karcz, 2014 ONCA 459 at paragraph 67). Similarly, if the child receives employment income or a mix of employment income and social assistance, this can affect support.

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                • #23
                  Originally posted by Dad0208 View Post
                  I read this on a Canadian lawyers blog:



                  Quantum (Amount) of Support

                  Even if a party establishes that there is an entitlement to support under either the Divorce Act or the Family Law Act, there is no guarantee that support will be ordered. Pursuant to section 3(2) of the Child Support Guidelines, a court is not required to order the presumptive Child Support Table amount for children over the age of majority if it finds that this is inappropriate in the circumstance. Instead, the quantum of support will depend on the condition, means, needs and other circumstances of the child, in addition to the financial ability of each spouse to contribute support.



                  For example, it may be inappropriate to order the presumptive child support amount if the child is also receiving social assistance. In Ontario, adults with disabilities are often eligible to receive Ontario Disability Support Plan (ODSP) payments. If ODSP payments cover all or most of the child’s financial needs, support may be terminated or drastically reduced from the Table amount. This is because “the Table amount is predicated on the parents alone sharing responsibility for the financial support of their child. In the case of adult children with disabilities, the ODSPA [Ontario Disability Support Plan Act] commits society to sharing some responsibility for support” (Senos v. Karcz, 2014 ONCA 459 at paragraph 67). Similarly, if the child receives employment income or a mix of employment income and social assistance, this can affect support.


                  Major case was decided recently on children with disabilities receiving ongoing support. This has changed.

                  Be careful reading blogs or other avenues of “advice”. They tend to be vague about what is or isn’t right and what is or isn’t ordered. Canlii is full of interesting cases. You could go to court to argue a lot of things but in the end its at a judges discretion and incurring the legal costs to get there is a gamble many people overlook.

                  Comment


                  • #24
                    IMO your focus is on the wrong issue. The fact that your kid is makes money is not the issue you need to focus on. The fact they that your child has graduated with a degree and is now taking another program, unrelated to the original, is the issue.

                    Parents are not expected to pay c/s while their child is in university perpetually. The current rule of thumb is a minimum of 1 degree, increasing to the same education level as the parents (so if you have a PhD, then you could be on the hook for a while). I would argue that c/s should cease altogether once the child graduates in the Spring. That there choice to continue their education in an unrelated course, while commendable and will increase their employ-ability, shouldn't require you to continue c/s. That you will continue to contribute to the child's education as you have and will support them as well, but that they are no longer a child of marriage and will no longer pay c/s.

                    Also, does the child live with the ex while at school? Or does she live on Res or away from home? Because if the child lives away from home, AND you are paying your proportional share of those accommodations and food, then your c/s should be reduced for the period while they are away. If the kid lives with the ex, the ignore this part.

                    Anyway, that is my take.
                    Last edited by HammerDad; 01-11-2018, 01:48 PM. Reason: missed the word "not" in my original post

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                    • #25
                      My point in reading that case was that it is the judges disccretion, so the amount can be different with a child making income. Not that I wouldn't have to pay. And yes, I will definitely be arguing for cs to stop completely. She will be done completely on February 9th and I will have no more going forward support. My ex will not give up on the fact that my daughter will be taking another program in September though and will still want money. So it's still a fight. I am lucky to be making a decent income combined with my current wife's, but I have no post secondary education at all. I've worked construction my whole life. She's so stubborn and greedy it's ridiculous. I can't wait for the judge to just make a decision already.

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                      • #26
                        Also, the recent big decision on adult child support on disability was not a question of how they decide the amount, but eligibility. Parents claiming under the FLA did not get the same advantages as the divorce act and that's what the case was about. I've read that too.

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