Announcement

Collapse
No announcement yet.

How much Child Support for University Aged Kids

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • How much Child Support for University Aged Kids

    Hi, I'm new here and am looking for others' experiences in this area. I have 3 university aged kids who are in their respective universities with 1 being out of town and two being local and live in residence.

    My ex claims I owe her CS for all 3 kids even though none live with her throughout the school year, however when home, they split their time roughly 65/35 between my ex and me. They are with her more because she still lives in the MH.

    My position is that I should only pay her CS for all 3 when they are there with her and zero when they are not. That said, it's a calculation nightmare that few of us have time for as it's a constantly changing circumstance. Would the system accept me paying CS to my ex for 1 child throughout their university years until the youngest graduates?

    I should mention that all 3 kids have largely funded their own education through PT jobs, good savings and a little money from us (in the past).

    Any thoughts or ideas would be appreciated. I should mention we are still in negotiations for settlement.

  • #2
    You are wrong, she is right. She is maintaining a home for the kids for the entire year, not just when the kids are there. They need a permanent home to return to.

    You would continue to pay your current rate of CS for three PLUS a proportionate amount of the post secondary expenses for each child.

    Comment


    • #3
      Thanks for your perspective, blinkandimgone.

      I also neglected to mention a few other points:

      1. I am still paying for the MH home (mortgage, taxes, utilities, bills) instead of spousal and getting no tax relief. The amount she is receiving currently is in excess of the post tax highest range of SS based on our income levels.

      2. Kids have dual residences in that they each have a bedroom at my place with some of their possessions with me, so it is their 2nd home.

      3. As I have stated, the kids have already funded their own education through years of good management, plus scholarships and jobs.

      We currently have no agreement in place...I just started paying to her about 60% of my net disposable income in the spirit of fairness within the SS/CS guidelines in advance of negotiated agreement.

      How does that change, if anything?

      Comment


      • #4
        One would assume your current payments for CS (which is what you were inquiring about, not SS) have taken all of those points into consideration. Your obligations remain the same until the children are finished post-secondary education.

        If you have an issue with the amount you are paying, it sounds more like that would be with SS which is a completely different matter.

        Edit: If you want the best possible answers, don't leave out the details. It will save people having to respond more than once.
        Last edited by blinkandimgone; 06-28-2012, 10:58 AM. Reason: the voices told me to....

        Comment


        • #5
          Fair enough. Thank you.

          Comment


          • #6
            You're welcome!

            Comment


            • #7
              From what I understand you would owe her CS for the months that the children are at home. I would take an average of the amount of months (say 2 months) out of the year and divide that by 12. Pay her that amount monthly.

              Visit canlii.org and search other cases to get an idea of what is expected.

              If the kids didn't fund their way through university you would have been on the hook for CS the months they are at home PLUS a portion of their university expenses.

              I would get an agreement in place so you don't have to worry about all of this.

              Comment


              • #8
                A clause my bf has in his separation agreement outlines....

                16. Child support ends for each child when:
                (a) The child no longer resides with the custodial parent, ("Resides" includes the child living away from home for school, summer employment or vacation)
                (b) The child turns 18, unless he or she is unable to become self supporting due to illness, disability, education or other cause
                (c) The child becomes self supporting
                (d) The child obtains one post secondary degree or diploma
                (e) The child marries

                Which ever shall first occur.

                So in his case, if the children move out of Mom's house to attend post secondary, CS to her stops, however he would still be on the hook for his portion of post secondary expenses, after taking into account and contributions that may be made by the child from earnings or student loans.

                Comment


                • #9
                  This line

                  ("Resides" includes the child living away from home for school, summer employment or vacation)
                  is what saves your ass. Impressive addition, don't usually see "resides" defined. I like. Very much.

                  In any event, unless you have an agreement that stipulates otherwise, you owe CS for the 3 children as per full table amount (given you are under 40% for shared) for the whole ride.

                  To be fair, it would be reasonable to offer to pay the children directly to assist with their living expenses, but if push comes to shove, you owe full CS all year. That's the legal standing currently in place that can be supported through case law.

                  Comment


                  • #10
                    Originally posted by NBDad View Post
                    This line



                    is what saves your ass. Impressive addition, don't usually see "resides" defined. I like. Very much.

                    In any event, unless you have an agreement that stipulates otherwise, you owe CS for the 3 children as per full table amount (given you are under 40% for shared) for the whole ride.

                    To be fair, it would be reasonable to offer to pay the children directly to assist with their living expenses, but if push comes to shove, you owe full CS all year. That's the legal standing currently in place that can be supported through case law.
                    Funny, I read that in the complete reverse. The term "resides" is inclusive of away for school, vacations, etc.

                    So CS doesn't end when the kid is away at school, or on vacation. CS is continued.
                    Start a discussion, not a fire. Post with kindness.

                    Comment


                    • #11
                      Originally posted by NBDad View Post
                      This line

                      Quote:
                      ("Resides" includes the child living away from home for school, summer employment or vacation)

                      is what saves your ass. Impressive addition, don't usually see "resides" defined. I like. Very much.
                      You are right... honestly it was his lawyer that put that line in. He asked there to be something about post-secondary and when child support should end... I personally never realized how important that line actually was, until reading through some of the posts on this site.

                      Comment


                      • #12
                        Thanks all

                        Comment


                        • #13
                          Once you have an agreement that gives you a tax break with SS and everything is done by the book, I suggest including CS for the summer months only, possibly 1/2 CS for the rest of the year, if necessary to sweeten the deal. But do fix the way you are paying, it doesn't make sense financially/tax-wise.

                          Comment

                          Our Divorce Forums
                          Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                          Working...
                          X