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Gap Year?

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  • Gap Year?

    Hi All,

    It's been awhile since I have posted. I was almost thinking I was free and clear of needing advice, kids are growing, Ex is making payments, all is right in the world!! Then one child turns 18 and things get messy again!?! How is that possible! LOL

    So here is my overview and "quick" question:
    Was married 7 years, divorced now for 13.
    I have primary custody of 2 children, who are currently 15 and now 18 (oct 15th birthday).
    Ex lives in US. Doesn't see children as per the court order of EOW. has only had parental time 4 weekends thus far in 2023.
    Support being made, but not full amounts. Arrears are over 8K and there is a Court Ordered Arrears Payment schedule, again not being met in full.
    Ex reached out last week wanting to reduce support from 2 children to 1 child as our eldest has turned 18.
    DS graduated HS in June and is currently working, and not enrolled in post secondary education. I agree that support should technically end. However, what happens if the child decides that he wants to enroll and attend post secondary in the fall?
    Is a Gap Year recognized by the courts? Does a Gap year still require CS payments to be made?
    What about our obligation to pay for post secondary education? If support payments are terminated, would the S7 expire as well for that child?
    Which income is used to determine new amount for 1 child? 2022 or 2023, since we are so close to the end of the year?
    How do we incorporate the arrears so they are being paid off along with support being paid?
    Is it possible to agree to a motion to change? Or should this be taken to a lawyer because of the arrears?

    I'm lost and frustrated with this one!
    Comments, questions, concerns.....lemme have em.

    Thanks all!

  • #2
    Support is not paid while kid is working. If he goes back to school in September 2024 then support starts again and section 7s (his share of school costs) are owed.

    I think you are with FRO? If yes, leave it be. Do your own calculations which outline the extra cs being paid is going against what he owes. For instance, he is paying $500 but owes $200 so the $300 is subtracted from his arrears. Then, when kid goes to school, you calculate what he owes for expenses and submit that to FRO.

    If you need a motion to change, best to wait until you know kids expenses or you know if kid is planning to go to school. You won't need a lawyer, it's very simple to self rep for this.
    Last edited by rockscan; 10-25-2023, 05:21 PM.


    • #3
      I think the courts often don't have an issue with paying support during a gap year if there is a propspect that the child will go back to school. However, technically, support shouldn't be paid during that time. You may want to look at the following guidance, which helped me a lot.

      In general, support continues to be paid if the child stays home (or very close to home). I would agree with Rockscan and leave things until you know more. If the child plans to go back to school, then I certainly would be encouraging it. Good luck


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