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  • Last of CS

    So my agreement states support ends on first degree. Marks for final semester of this degree will be available on April 25. Ex claiming month of May is a support month. Thoughts on this? My thoughts are April is the last month of support. There will be no classes in May and child can work anywhere at that point. Last exam is on April 20th.

  • #2
    No April is the last month. If you are with an enforcement agency, get moving on filling out required documentation with them.

    Its the same as if the kid was living away from home, support is paid May to August.

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    • #3
      I do pay through enforcement. Do you think they will see it as April as well? The ex has had to prove attendance of post secondary each year/semester in order to receive support. Lack of this proof for May and beyond, due to no school being attended, should only solidify this Iím assuming (hoping)? Are there any grounds on which May could be a support month (barring anything out of the ordinary of course)? Failing this last semester at this point is virtually impossible as it is a work term type of semester. Top marks, previous work terms were perfect etc.

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      • #4
        If she isnt registered for another term then the ex canít prove she is a child of the marriage. You should contact your case contact and advise them. More than likely they have a form to fill out (FRO has a form for terminating support) that is sent in and they will then contact your ex to verify it. If she rejects it though, they will continue to enforce support. You may need to take it to court but it is a slam dunk. FRO will have a copy of your order so when you speak to your caseworker, direct them to the page where it says that and let them know you have proof kid is enrolled in their last term.

        You have to be forceful with enforcement agencies too and this way with the form, they will close your file without having to go through the process for months after the fact.

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        • #5
          Forcefull I will be. Iíll be calling enforcement tomorrow to let them know that Iím am not paying after April 1 due to the child no longer being a child of the marriage. I have paper proof that the semester ends April 20.

          If need be Iíll cancel the credit card my payments come from and let that cycle the system while the child is no longer in school. If thatís a credit hit so be it. Iím not looking for credit in the next 5 years.

          Almost giddy that the end is so close!

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          • #6
            Absolutely stop the payments as your child is no longer a child of the marriage.

            I would be more "giddy" that your child has obtained a degree! Well done. Congrats on having an educated child, and your contribution that helped him/her achieve that.

            You must be one proud parent.

            Comment


            • #7
              No you have to pay for April. Stop for May 1. School doesnít end until April30.

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              • #8
                Don't get me wrong, happy that there has been much success with post secondary education!


                Been a long road with several court appearances! I don't want to pay even $5 that I'm not required to.

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                • #9
                  So I'm rather confused here with this process. I spoke to enforcement in my province and was told that I need to pay for May because convocation is in late May. On top of this, child has also gotten a job with degree, which starts in the first week of May. This seems totally absurd, to pay for child support for a working adult.



                  Thoughts?

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                  • #10
                    Pay it and move on. What is one extra month? Are you paying 25,500 a month in child support? The legal cost to deal with this would be well over 25,000 and you will probably lose and have to pay costs of the other party on top of that and it could be 25,000 on top of the 25,000 you paid.

                    It really isn't worth the conflict. I am sure that there are lots of people on this site that would pay the month extra to end all need for contact with the other parent.

                    Congratulations on getting to the end of this road. Celebrate the ending of ever having to deal with the other parent.

                    Comment


                    • #11
                      The is exactly that. I can pay one last month and count my lucky stars Iím done with this woman for life. But Iím also giving her $1400 a month plus section 7s. It would cost me nothing to file the papers and self represent to get back $1400 of a judge sided with me. She wonít get a lawyer over it. I dont have a lot to lose I donít think by going ahead with a variance order. Talked to my lawyer that Iíve had for 10 years. She sees it going either way. Some judges are going to go by convocation ceremony date. Others wouldvgo by last of school date. I can lose nothing really getting a court date it seems. Wasteful on the system but nothing out of my pocket.

                      Comment


                      • #12
                        Originally posted by jndi View Post
                        The is exactly that. I can pay one last month and count my lucky stars Iím done with this woman for life.
                        Exactly. 1400 is a small tax that I am sure many on this site would gladly pay. You should simply do this and move on.

                        Originally posted by jndi View Post
                        But Iím also giving her $1400 a month plus section 7s. It would cost me nothing to file the papers and self represent to get back $1400 of a judge sided with me. She wonít get a lawyer over it. I dont have a lot to lose I donít think by going ahead with a variance order.
                        The risk you run is that the court sides with the government agency that has already told you that you are wrong. The one thing that you should really consider is that Judges, who are employed by the public system, rarely issue orders against the public system.

                        You are better off cutting your losses and avoid the conflict. This matter will take months (if not years) to deal with. Could result in a negative order and you could end up paying costs.

                        The other thing you need to consider is that the courts do not take kindly to petty matters. 1400 in the eyes of a court system rammed with custody and access disputes and other more important matters may not take kindly to what could be seen as a petty matter. Courts are not "free". You may be turned into an example and case law posted to stop this kind of conduct.

                        The path to court is long. You have to file, go to a case conference, they will surely put you into the settlement conference stream and you will be locked in court nonsense over 1400 for months even years. The emotional cost is to do this is incredibly high.

                        If you are paying 1400 for a single child in an EOW schedule means (in Ontario) you make 165,000 a year. (Mysupportcalculator.ca) To be frank... it is a drop in the bucket and a symbol that you are fighting over.

                        Which means you make on average $150 (guessing here) an hour. You are facing 100-200 hours of your personal time possibly to deal with this. Or 30,000$ worth of your personal time. (Wild estimates here.)

                        Why waste your time which has value? Over 1400. Pennywise... pound foolish I say.

                        Originally posted by jndi View Post
                        Talked to my lawyer that Iíve had for 10 years. She sees it going either way. Some judges are going to go by convocation ceremony date. Others would go by last of school date. I can lose nothing really getting a court date it seems. Wasteful on the system but nothing out of my pocket.
                        Really? Clearly, you don't value your personal time as much as your employer does.

                        Comment

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