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  • #16
    Make sure your court documents outline why you haven't paid support in full (ie. You were concerned about a significant overpayment building up.)

    And you are responsible for your proportionate share of 2/3 her school expenses less any grants or scholarships. Meaning, if kid got a tuition credit, tuition less the grant, residence, meal plan, books and supplies would be split three ways with one third going to kid and the remaining split proportionate to income (whatever the s7 split is).

    She can't arbitrarily set an amount and demand it.

    Comment


    • #17
      So are the /bursies/scholarships apart of the child’s 1/3 of contributions? Or that comes off the total and the remaining is split 3 ways?

      Comment


      • #18
        It depends on the case for those and what your agreement says. I haven't seen any cases where a child got more than the OSAP grant but for the most part agreements say all three are taken off the top. She may not tell you if kid got them.

        Technically the child's portion comes from loans and earnings. Kids are expected to work to earn money to contribute. They aren't supposed to go into crushing debt but contribute. And if kid chose to go away when a school was available at home, they have an even greater burden to bear.

        Your ex can't argue for support so she can pay her share of the expense. That's not how it works. She has a responsibility to support her kid the same as you.

        Comment


        • #19
          Originally posted by StillPaying View Post

          How old was the child graduating high school? Were they self sufficient? I'm not sure about that "overpayment".

          Don't underestimate the case conference. You'll be explained the law, encouraged to come to some sort of temporary agreement and the judge will sign off on it. This is regardless of regular cc or dro cc. They'll schedule your next settlement conference before the cc ends as well. If you haven't agreed on the past and present costs, you can bring a motion before the sc to address it.
          She was 17 when she graduated high school in June 2022. Turned 18 in the fall and wasn’t attending post secondary. Support was paid in full and I continued to pay in full until I paid for university fees as per moms breakdowns that included no financial statements. for fall/winter 2023/2024 term. She is now 19 halfway through her first year yet the order hasn’t been updated to reflect change in circumstances or even add S7. This should have all been done prior to start of uni, however mother avoided all attempts for resolution and continues to pursue a support amount that should have been updated. I have arrears owing since I haven’t paid full support based off order from 2015 that just says “until support is paid” . This needs to be updated. I doubt the months she wasn’t in school will be applied. My lawyer told me to work it out with FRO to avoid enforcement since I would never get the overpayments back. Well even with what I’ve paid it would be an overpayment. By the time this is settled she would have completed her first year and second years fees will be due. It is a long delayed process , a reasonable person would want to update but I am not dealing with a reasonable person and she wants to use FROs help as long as she can to keep pursuing an amount of support that should have been updated 15 months ago. I was left with no alternative but to file a motion to change.

          Comment


          • #20
            You don't pay any nee fees until it is worked out. If she files the fees with FRO you can dispute them.

            What will more than likely happen is that all of the calculations will be made and what you have owing as arrears will be reduced. A new support deduction order will be sent to FRO updating the case.

            Here is a scenario…your arrears with FRO are set at $2500. You paid school fees and it turns out you overpaid $3000. Your new monthly support amount is $200 per month every month until April 2026 (I'm guessing when kid will be done.)

            Your new court order will have details in it where it states what documents have to be provided and how the split is laid out (ie. Grants, scholarships and bursaries off the total then 1/3 to the child with the remaining 2/3 split proportionate to income.) Monthly support of $200 until April 2026. Both parties have to provide full income disclosure annually until support is complete.

            The support deduction order will say all arrears have been paid in full and the current amount is $0. From x month, monthly support of $200 is owed. Support for child will terminate April 2026.

            You can go on the school website and get some details on tuition and residence fees and then try the OSAP aid estimator on their site. That will give you a bit of an idea on what the costs might be and what the grants might be.

            Comment


            • #21
              Ok,
              I just know that she will argue the months she wasn’t attending school, that full support should have continued to be paid . She already stated in her response to motion that it was my daughters choice to delay start of uni because of the COVID pandemic. My lawyer told me everyone seems to be using this as an excuse. I guess just wait and see what the judge says about it.

              Comment


              • #22
                Well the onus is on her to prove the child is entitled to support and not enrolling because of COVID is simply an excuse. It could be argued that COVID is still a concern due to the death numbers outlined this week (Toronto Star wrote that there were more deaths from it from September to December than road deaths from road related casualties all of 2022) yet she is attending school away from home and living in residence.

                I am sure your ex will use every excuse imaginable but a good lawyer will be able to argue it. Right now it is simply a waiting game to hear from a judge. The fact that she hasn't provided any information and refuses to speak to you won't bode well for her.

                Comment


                • #23
                  Originally posted by jbrian View Post
                  Ok,
                  I just know that she will argue the months she wasn’t attending school, that full support should have continued to be paid .
                  There's a good chance her argument will succeed. You're talking about 8ish months. Child would have been applying for university around 18th bday; most likely planning it while 17. Cs would usually continue in this scenario.

                  CS tends to fall on the side of being paid. It used to be an age limit, then a degree, now multiple degrees. Financial dependence is increasing for longer periods. It's easy to say child is doing their own thing or ex is using cs on cats, yet child is still dependent while doing the right thing.

                  Your focus should be on lowering support while paying university fees. Doesn't sound like you're paying residence or other fees though; increasing your chances of paying school while continuing cs throughout the year.

                  Comment


                  • #24
                    I have paid 50% of school fees. That includes residence, meal plan and tuition. I am trying to update old order. Not keep paying fees blindly because ex said this is what it is and then her refusing to update support by ignoring all requests for resolution. It’s working out great for her. She got what she asked for in terms of fees. This is without any official financial statement. And gets to keep pursuing a support amount that should be updated to reflect child’s change in circumstance. Am I missing something here? Does support not change when you are are paying for a child’s residence and meal plan?

                    Comment


                    • #25
                      If I’m told that I have underpaid by x amount since cs should have been paid while she was applying but not attending, fine! I just want this worked out. This cannot keep going on and on. I cannot keep pursuing a resolution and having the ex delay or avoid because she wants me to pay both University fees and full support. The order is from 2015. My child is not 10 anymore, child support needs to be updated and so does school fees going forward. How can I pay these fees every year without an official statement?? So every year when fees are due I just have to go on good faith because she told me what I have to pay?? What will happened for the next three years? I just refuse to pay without an official statement and end up in court every year? This is all bogus and a calculated effort by the mother to keep receiving support she knows very well needs to change. The onus falls on me to support my daughter in her schooling and her living arrangements and meal plan. Not her mothers.

                      Comment


                      • #26
                        Like I said, go on the school site and look up fees and costs. Compare it to what she made you pay and also to a quick calculation on what your share should have been. It does need to be updates for sure. That should help you understand what you should have paid and you can prepare yourself.

                        Comment


                        • #27
                          Hi,

                          I have a quick question. So heading to DRO in 3 weeks. I still have not received any receipts and statements from university. I imagine it will not be presented during DRO. When it comes to tuition and tax deductions am I entitled to claim my share of the tuition payments on my taxes?
                          if the DRO ask OP to provide receipts and statements for following case conference (I don’t think anything will happen at DRO since she won’t provide these statements) and they don’t , can I just agree to let the amounts I paid for the first year be what they are? I do not want this to drag on and on waiting for the statements. I could offer 1/3 of the total fees without having to break it down by deducting bursaries and grants etc. I know there will be issues every single year trying to establish an accurate amount of tuition I am to pay. There is no transparency from OP. I just want a resolution. Say her total costs are 21,000 can I offer to pay 1/3 of that amount so give her $7k and not be bothered asking for receipts. Next terms fees are due again in 5 months, I can’t afford to continue to litigate and pay tuition fees at the same time.

                          Comment


                          • #28
                            Originally posted by jbrian View Post
                            Hi,

                            I have a quick question. So heading to DRO in 3 weeks. I still have not received any receipts and statements from university. I imagine it will not be presented during DRO. When it comes to tuition and tax deductions am I entitled to claim my share of the tuition payments on my taxes?
                            No. If the agreement you have stipulates she gets all tax benefits or can claim the child for tax purposes, she claims it. Instead you pay a “net cost” which is calculated after a tax deduction. If you have a lawyer they will calculate it in their software.

                            She will have to provide receipts. If she does not, walk yourself down to the window to schedule your next appearance (I don't know how it is done but there is a counter at the courthouse) and if needed, get a motion for disclosure to have it ordered.

                            Remember what I said, no receipt, no pay!

                            if the DRO ask OP to provide receipts and statements for following case conference (I don’t think anything will happen at DRO since she won’t provide these statements) and they don’t , can I just agree to let the amounts I paid for the first year be what they are? I do not want this to drag on and on waiting for the statements. I could offer 1/3 of the total fees without having to break it down by deducting bursaries and grants etc. I know there will be issues every single year trying to establish an accurate amount of tuition I am to pay. There is no transparency from OP. I just want a resolution. Say her total costs are 21,000 can I offer to pay 1/3 of that amount so give her $7k and not be bothered asking for receipts. Next terms fees are due again in 5 months, I can’t afford to continue to litigate and pay tuition fees at the same time.
                            Do not agree to anything. She will simply claim the cost, take your money and be done with it. She is obligated to provide proof of the expense. You don't have to go to court. If she wants the money, she will provide the receipt. Remember too you want the child support updated. This isn't just the school costs. Put money into a savings account monthly, weekly or daily. Save it for your costs.

                            Get an updated support amount or pay the full support to be subtracted from your share of expenses and give her nothing more. If she wants school costs she will give you the receipts. Kid gets a statement and can provide it. No litigation needed!

                            Comment


                            • #29
                              Originally posted by rockscan View Post
                              No. If the agreement you have stipulates she gets all tax benefits or can claim the child for tax purposes, she claims it. Instead you pay a “net cost” which is calculated after a tax deduction. If you have a lawyer they will calculate it in their software.

                              She will have to provide receipts. If she does not, walk yourself down to the window to schedule your next appearance (I don't know how it is done but there is a counter at the courthouse) and if needed, get a motion for disclosure to have it ordered.

                              Remember what I said, no receipt, no pay!


                              Do not agree to anything. She will simply claim the cost, take your money and be done with it. She is obligated to provide proof of the expense. You don't have to go to court. If she wants the money, she will provide the receipt. Remember too you want the child support updated. This isn't just the school costs. Put money into a savings account monthly, weekly or daily. Save it for your costs.

                              Get an updated support amount or pay the full support to be subtracted from your share of expenses and give her nothing more. If she wants school costs she will give you the receipts. Kid gets a statement and can provide it. No litigation needed!
                              I am hoping to get an updated support amount at DRO, however this is something she is really avoiding. She continues to pursue old support amount through FRO. I have been paying it. I can’t imagine any overpayment/arrears will be sorted out this day. Is this something the judge at a settlement conference will determine?
                              Also my lawyer is just preparing my brief. Both sides have to file it prior to DRO. Will we be exchanging briefs on thst day or prior to? or is the brief only for the DRO and judge to review? Can I see OP brief and can she view mine?
                              she is also claiming that I am not being honest with my income. She believes I earn more than my NOAs, I don’t know what else to provide to satisfy her with my income. NOAs, t4 submission, t1 general all provided, my wife’s income was on these documents as well.
                              In her response she referenced the sale of our old home and purchase of new one. There was no profit as the homes were pretty much the same price. I didn’t think this is something she can use in court as I’ve been married to my wife for 15 years and I own this home with my wife.
                              she will say anything and delay a resolution to not update support as long as she possibly can.
                              can we go straight to a settlement conference after DRO?
                              can the judge issue a new order in regards to the obvious outstanding issues even if she doesn’t agree?
                              I know these are questions my lawyer should be answering but I appreciate your knowledge and input.

                              Comment


                              • #30
                                Originally posted by rockscan View Post
                                No. If the agreement you have stipulates she gets all tax benefits or can claim the child for tax purposes, she claims it. Instead you pay a “net cost” which is calculated after a tax deduction. If you have a lawyer they will calculate it in their software.

                                She will have to provide receipts. If she does not, walk yourself down to the window to schedule your next appearance (I don't know how it is done but there is a counter at the courthouse) and if needed, get a motion for disclosure to have it ordered.

                                Remember what I said, no receipt, no pay!


                                Do not agree to anything. She will simply claim the cost, take your money and be done with it. She is obligated to provide proof of the expense. You don't have to go to court. If she wants the money, she will provide the receipt. Remember too you want the child support updated. This isn't just the school costs. Put money into a savings account monthly, weekly or daily. Save it for your costs.

                                Get an updated support amount or pay the full support to be subtracted from your share of expenses and give her nothing more. If she wants school costs she will give you the receipts. Kid gets a statement and can provide it. No litigation needed!
                                I meant can we schedule the settlement conference after DRO? Can she take the advice of DRO and provide the statements at a settlement conference?
                                I really do not want to attend to numerous case conference’s. I want this over with. I really hope we can settle at least some of the issues with DRO. Maybe her being told the law will help!

                                Comment

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