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-   -   CS, Part time courses and full time work (https://www.ottawadivorce.com/forum/showthread.php?t=23423)

Lolita123 12-22-2020 09:27 AM
CS, Part time courses and full time work
 
Question.. my step daughter is most likely graduating from high school in June. I say so far since it's hard for her dad and I to know how she's doing since her and her mom hide lots of things... and we know she misses lots and lots of school.. .anyways, she will be 18 in March.

We all know that it can change but she talked about taking a college course.. part time and work full time and stay at her mom's house...

If that is the case, since the course is only part-time and she would work full time, I think CS would stop is this correct?

Their agreement is old and not very detailed. doesn't talk about when support ends or defines what post-secondary studies qualify but from what I have been reading this case would mean CS ends.

Is this correct?

Thank you :)

rockscan 12-22-2020 12:46 PM
Your husband would need to request proof that she is enrolled in a full time program of study for the fall. He can advise he plans to stop cs if she is not.

A simple request for the proof and if you dont hear from them within 7 days you will cease cs payments.

A warning though, if you live in a province with an enforcement agency and their agreement isn’t clear, the ex would file it for enforcement and your husband will have to go through getting it stopped.


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Lolita123 12-22-2020 01:07 PM
Quote:
Originally Posted by rockscan (Post 244620)
Your husband would need to request proof that she is enrolled in a full time program of study for the fall. He can advise he plans to stop cs if she is not.

A simple request for the proof and if you dont hear from them within 7 days you will cease cs payments.

A warning though, if you live in a province with an enforcement agency and their agreement isn’t clear, the ex would file it for enforcement and your husband will have to go through getting it stopped.


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Thank you... They were going through FRO but withdrew last year.. so they both signed a document stating that they were withdrawing... but yeah I could see her trying to start it again.. just not sure if she can do that on her own or same as to withdraw both need to sign to get back in...

rockscan 12-22-2020 01:36 PM
If it has been withdrawn voluntarily she would need a new order.

The threshold for post secondary courses is three. If she is enrolled in three it is considered full time and he has to pay cs.


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Lolita123 12-22-2020 01:43 PM
awesome Thank you so much for this information.. I doubt with her working full time that she will be able to maintain 3 courses.. she barely makes it to her online classes in high school and is not even working at this time :(

We will for sure help out with tuition etc but even now, she was working and back then her mom was asking her for money...

Thank you again!

Selfrepmom 12-22-2020 08:16 PM
Quote:
Originally Posted by rockscan (Post 244623)
If it has been withdrawn voluntarily she would need a new order.
Not true. Either party can unilaterally re-file the old order again if they wish. All that is required is a $50 fee and filling out a one page form.

Janus 12-23-2020 11:16 AM
Quote:
Originally Posted by Selfrepmom (Post 244636)
Not true. Either party can unilaterally re-file the old order again if they wish. All that is required is a $50 fee and filling out a one page form.
And I think as a little kick to the teeth, even the non-filing parent has to pay the $50 fee.

Lolita123 01-27-2021 11:50 AM
Quote:
Originally Posted by Selfrepmom (Post 244636)
Not true. Either party can unilaterally re-file the old order again if they wish. All that is required is a $50 fee and filling out a one page form.
That is what I thought… so we would need to have a new order made that states the end of CS?.. their old order from 17 years ago does not address the end of CS at all...

Lolita123 01-27-2021 11:50 AM
Quote:
Originally Posted by Janus (Post 244643)
And I think as a little kick to the teeth, even the non-filing parent has to pay the $50 fee.
Yeah.. I just read that… like really?

rockscan 01-27-2021 02:19 PM
Quote:
Originally Posted by Lolita123 (Post 245049)
That is what I thought… so we would need to have a new order made that states the end of CS?.. their old order from 17 years ago does not address the end of CS at all...

Two things can happen:

A) dad files a motion to stop support.
B) dad files a motion to change support.

Either one will stop support it just has different wording on when.

If kid is graduating soon it would be beneficial to start the paperwork soon. Even if that means b with an end date.


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Lolita123 01-27-2021 03:05 PM
Quote:
Originally Posted by rockscan (Post 245064)
Two things can happen:

A) dad files a motion to stop support.
B) dad files a motion to change support.

Either one will stop support it just has different wording on when.

If kid is graduating soon it would be beneficial to start the paperwork soon. Even if that means b with an end date.


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yes we are getting the ball rolling.. in their original agreement it has 0 mentions on when support would end.. so will consult a lawyer for proper wording and hoping that the mom will agree and sign so it can get filled ASAP.


Thank you


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