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-   -   Child Support when child turns 18? (https://www.ottawadivorce.com/forum/showthread.php?t=6519)

99bobster99 03-23-2010 04:54 PM

Child Support when child turns 18?
 
Hello,

I am a year away from my child turning 18 years old, has anyone gone through the transition of stopping the Family Support payments (in Ontario)? What happens and are there any documents I need to prepare before she turns 18?

billm 03-23-2010 06:09 PM

Is she going to go to post secondary school?

littleman 03-24-2010 08:20 AM

If your child is still in school (dont include summer months) you are still responsible until your child is finished, drops out, obtains full time employment or moves to live with you on full time basis

Foredeck 03-24-2010 08:29 AM

what if the child moves out to go to university?

If my daughter moves out and lives out on her own, why would I have to pay CS? I would still be responsible for my share of the expenses, but how can you justify CS?

littleman 03-24-2010 12:54 PM

she is still considered a dependant at that point......you are responsible for half tuition, half living expenses, etc.......think of it if you were still married......and your daughter went away to school.....you are still responsible.....regardless whether she lives at home or away you get half the bill.....location doesnt matter......sorry

Foredeck 03-24-2010 01:06 PM

But, if she moved out, I would pay my portion of her tuition, living expenses, food, etc.... I have no problem with this part.

But, why would I continue paying CS to my ex. We currently have shared custody, so paying the net amount. She would pay her portion of the expenses as well.

However, she would not have any increased cost, as if my daughter was still living with us. You can't argue that the CS is to pay for housing or food since she no longer lives with my ex and these expenses would be covered by the special expenses.

littleman 03-24-2010 01:35 PM

in the courts eyes you are responsible......Im not saying is the way it should be......that may be weird to read even though I am custodial parent.......these would be classed as section 7 expesnes however depending on what your ratio to income is to hers you may want to stay with things the way they are......if you are paying 65% of extra expenses plus support then what you are suggesting is you would be responsible for 65% of the post secondary education along with support........eveything is in the wording

Mess 03-24-2010 02:00 PM

If the child has moved out, going to university full time, has their own apartment and doesn't live or intend to live with mom anymore, then you shouldn't pay support and the court would not make you AFAIK. You would still be responsible for the child's tuititon and expenses, or a portion of them. If the child has completely moved out, then how could they be living with one parent and not the other?

If the child still maintains the other parent's home as their "home", and may be in residence most of the year but returns home, then a court would probably give you a break if you wanted to take it to court. Would it be worth it? In the eyes of the court, the other parent is still maintaining the child's room and can't downsize the residence, use the space for themselves, etc. The other parent is still custodial and responsible for the child, any emergencies, etc. The court would presume that there would still be expense.

I don't necessarily agree with the second scenario, but the courts take that side, I've read cases on canlii arguing such.

littleman 03-24-2010 03:03 PM

if your child goes away to post secondary Im not suggesting you continue to pay the custodial parent.....pay the child directly......

billm 03-24-2010 03:15 PM

Quote:

Originally Posted by Mess (Post 37004)
If the child has moved out, going to university full time, has their own apartment and doesn't live or intend to live with mom anymore, then you shouldn't pay support and the court would not make you AFAIK. You would still be responsible for the child's tuititon and expenses, or a portion of them. If the child has completely moved out, then how could they be living with one parent and not the other?

If the child still maintains the other parent's home as their "home", and may be in residence most of the year but returns home, then a court would probably give you a break if you wanted to take it to court. Would it be worth it? In the eyes of the court, the other parent is still maintaining the child's room and can't downsize the residence, use the space for themselves, etc. The other parent is still custodial and responsible for the child, any emergencies, etc. The court would presume that there would still be expense.

I don't necessarily agree with the second scenario, but the courts take that side, I've read cases on canlii arguing such.

I suppose the issue is if the child intends to return home.

Most parents don't down size the moment the child leaves for university, but mostly after they graduate. So maintaining the home for the child is still normal even if they live away from home most of the year. Also, clothing and other non house related expenses still exist. Also what about food and daily expenses (other than housing) for the child while at school - that should fall under CS.

So really when a child goes away, CS should probably not be reduced BUT the parent receiving the child support should pay for all food, clothing, and other daily non school related expenses. In the case of shared custody affecting CS, you would split those expense accordingly.

I am in the process of writing up my agreement for these kinds of things (how to end CS and deal with post secondary - current CS/SS/Property already done) so I am thinking a lot about this.


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