Calculating CS when 1 of 2 children move out for school

[letmego]

I pay CS to my ex. My son is with me 50% of the time and daughter is with my ex 100% of the time.

My daughter is wanting to move out in September which I am against. My ex has indicated she has advised my daughter not to move out. The College is local and there is no reason to move out. However, I am curious in this situation how CS is divided up.

I pay the table amount for 2 children and my ex pays table amount for 1 child. I pay the difference because my income is higher.

Lets assume I continue to pay what I am currently paying. How would I determine which portion goes to my daughter and which portion goes to my ex.

My daughter will be 19 when she moves out in September. I have made it clear to her if she makes this adult decision there is no obligation for child support payments. I am trying to make this moving out decision the least attractive as possible because I do not want her to be financially in debt coming out of College. She is entering a 1 year program so she should wait until April to move out.

Thanks in advance.

[rockscan]

You are still obligated to pay a portion of her expenses if she moves, ditto for your ex.

CS to your ex will stop when she leaves because she will graduate in the spring and cs is no longer payable when she is done. You both will then be responsible for a portion of her living expenses. OR you could continue to pay cs and your ex will be obligated to pay her expenses.

You both will need to work it out. Moving out to go to school in town isn’t common so there aren’t a lot of cases to look at. More than likely you will have to work something out because going to court will be a challenge and the judge will tell you both to mediate. More than likely your ex will hate losing cs but she will lose it anyway as kid will be done school.

Figure out the cost of your portion of 2/3 the cost for rent and food. It will be less than cs. The real question will be if this is a permanent move out because then your ex cant argue that she needs cs to keep a room for kid.

[letmego]

Thanks for the reply rockscan. My daughters has made it clear her intentions are this is permanent.


If my daughter does move out my child support to my ex stops for that child. I assume to calculate the child support payments for my son I would use the table amount for 1 child and my ex would us the table amount for 1 child. I would pay the difference (my son is 50/50).

Thanks.

[rockscan]

Yes then it would stop but technically you are responsible for your share of 2/3 the expense for her to live away.

[Berner_Faith]

Yes then it would stop but technically you are responsible for your share of 2/3 the expense for her to live away.

Rockscan is correct... even if CS stops you would still be on the hook for some of the living expenses/college expenses... that is unless both you and your ex decide neither of you are paying for her to move out and attend college. Unfortunately that’s unlikely as I assume your ex will expect you to pay some of the daughters schooling expenses


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[letmego]

I have no issue contributing to school expenses. I would rather my daughter stay living with her mom and I continue to pay CS as well. I was just trying to get an idea of what the rules are. I am trying to deter my daughter from moving out. My ex claims she is doing the same.

My daughter keeps saying this is her decision. I am playing hardball with her and telling her that is an adult decision she is making so CS payments are no longer an obligation and she should not expect help with living expenses. I will help her with school but not living expenses.

[rockscan]

Your daughter could take you to court for the living expenses and get her legal expenses paid. There have been cases where kids have don this for school expenses.

I get why you are hard balling her but be careful because you are walking a fine line. Especially if your ex decides to pay her living expenses and then demands cs from you.

In the end, your share of living expenses is much less than child support. Do the math, you will see im right.

[arabian]

You should probably do some independent research and look up everything you can pertaining to "child of the marriage." Also look on CanLII for relevant cases.

[denbigh]

are living expenses section 7 when you could live at home? I can see tuition and books and school expenses yes, but if child choses to live out of the home would a judge order the parents both have to pay living expenses?
We are a few years awayf rom this yet, but also live in a university town and expect child to live at home, and if wants to move out, has to pay own way. At least that is what we would have done if still married. It is one thing to make divorced parents pay for living expenses when school out of town, quite another to expect parents to pay rent and heat and electiricty when child could live with one or the other parent. Most intact families this is just not an option when you live in same city as the school, most kids live at home because they cant afford not too, and parents wont pay for them to live in an apartment. Does anyone know if there is any case law that shows where parerents had to pay for living expenses when child could have lived at home?