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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #41  
Old 05-07-2015, 10:16 PM
rockscan rockscan is offline
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His agreement has an added clause for cs to end at 22. So theres that.

In all the cases Ive read for Ontario, the judges ruled transcripts were to be provided by june 30 each year. Thats why I was curious. There were two or three where the judge stated something about expecting financial support means providing all documentation.

Hes not wavering on the undoctored statement of account. He wants to see all the credits, not just ones that dont have a code (credit name is obvious so they couldnt white them out). Hes also requested receipts for other equipment being claimed. The whole thing is a bit of a joke. "Theres nothing in the agreement that says I have to produce receipts".

List of questions for lawyer grows.
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  #42  
Old 05-07-2015, 10:27 PM
rockscan rockscan is offline
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P.S. I had no intention of listening to serendipidous. I forgot the rules about feeding the trolls.
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  #43  
Old 05-08-2015, 07:10 AM
Serene Serene is offline
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Stripes - you can't suck and blow...you state that marks aren't a condition/fair or relevant to support while going to school...but then you state that "if the kid keeps failing courses..." - how would you know if they are failing courses if you never saw transcripts?

I personally think it's very reasonable. And transcripts prove the child is attending school. I'm sure there are some that sign up and don't attend just for the added income from estranged parents to.

I've said this before - stop pushing on a rope. You are trying to convince mom/kid to supply receipts. I guarantee one of two things will happen if you write this to them: please send full disclosure and receipts to resolve this matter. If I don't receive full disclosure and receipts within five days I will consider this matter closed and will not be revisiting this at a later date.

If you write the above, they'll either send you the receipts and you can settle the matter. Or they won't and you can wash your hands of it until/if they take you to court at a later date. Either way, you can just put it on ignore until you HAVE to deal with it. Honestly, your spinning in circles engaging with them and prolonging the pain and suffering. Don't play by their rules.
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  #44  
Old 05-08-2015, 11:46 AM
rockscan rockscan is offline
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He gave her a deadline. If she ignores it, her problem. This is the thing though, you cant withhold info and then say "your portion is XXXX". Or say "lets work together with the estimates from last year" and then find out that there were credits and reductions that dont fall under kids portion. Or put in exhorbant costs for things with no receipts and then say "well nothing in the agreement says we have to provide a receipt". It doesnt work that way. He only learned kid didnt register for a full course load when he got the statement for the RESP withdrawal. When were they going to tell him kid needs to register for extra courses to make up those missed? Theres a lot of lying and withholding info that is ticking him off.

Ex has fallen into a difficult employment situation at the moment and needs this money so you know what, produce the proper proof or eat the cost. Hes done asking.
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  #45  
Old 08-07-2015, 01:44 PM
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Just an update on this...after almost three months the ex finally got legal advice and cashed the cheque. My partner saw his lawyer who explained the entire break down and what are/arent acceptable costs. He drafted the letter which my partner softened a line in and my partner sent it and a cheque. He refused to pay for any late fees since no one consulted him on what was going on and he had no idea kid didnt pay on time. He refused astronomical transportation costs that were a monthly estimate and finally miscellaneous costs for medicines and feminine products. He told his kid that he would give her gift cards for the drugstore next year.

Now he goes into second year with kid living off campus. Who knows what receipts she will keep. Who knows if this lawyer advised the ex of what she can and cant claim as an expense. My partner is overpaying CS right now while kid is away because their order is with FRO and he cant afford a motion to change now and then when he gets a job. Hes been carrying forward the total overpayment as insurance against future cs. It may be that he reduces that from his share of living expenses for school. He will cross that bridge when he comes to it.
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  #46  
Old 08-07-2015, 02:02 PM
nfc4ever nfc4ever is offline
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Quote:
Originally Posted by rockscan View Post
Now he goes into second year with kid living off campus. Who knows what receipts she will keep. Who knows if this lawyer advised the ex of what she can and cant claim as an expense. My partner is overpaying CS right now while kid is away because their order is with FRO and he cant afford a motion to change now and then when he gets a job. Hes been carrying forward the total overpayment as insurance against future cs. It may be that he reduces that from his share of living expenses for school. He will cross that bridge when he comes to it.
Do you need a motion to vary support due to the child living away from home? Or is it because FRO can't just stop charging support because the child is away.

Also I understand the necessity of feminine hygene products, but that should be encompassed by the support payments he's already shelling out, or does his ex view the CS as her money and the daughter views her away at school expenses as her money.

Its reading you're case in particular that keeps me wanting to ensure I have provisions in my agreement for end of support and post-secondary. It looks like its intentionally fuzzy in the act so that people can go back to court for one last bout.
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  #47  
Old 08-07-2015, 02:19 PM
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Their agreement clearly states support will change if the kids go away to school. But it doesnt specify how or when or what the dollar amount is. If they had a crystal ball it would say "cs will be payable for four months that child will be living at home". But they didnt have that foresight. The order is with FRO because ex didnt agree with reducing support. FRO doesnt recalculate or anything like that. What they DO have is an option for the recipient to file an agreed to change to avoid court filings. The recipient fills out the forms, child support adjusts and everything is hunky dory. That hasnt happened. See chapter 5: my ex is unreasonable.

She made claims for all kinds of shit for this past school year and had no receipts to back it up. The medicine and feminine products were just one example. She also had a doctored receipt from the school that wasnt accepted. Originally she came at him with numbers he had found on the school website last summer asking him to agree to them. Only after prompting did she admit the costs were lower and kid got the tuition reduction. When he pointed out he had already contributed to her equipment charges suddenly a bunch of other charges fell off the table too. His lawyer told him hes not responsible for moms gas to bring kid home every other weekend. That was another bs charge. His ex doesnt get the "provide me with proof of what you paid" idea nor does she agree with the "net cost" part of the law. Everything is a constant battle which then falls into the kids asking him why hes an asshole. See chapter 6: we agreed to leave the kids out of it.

His worry this year is apples and oranges over cs and university. Technically by overpaying cs hes covering her living expenses so one could argue hes only responsible for his portion of tuition and books. Other people would say you cant mix the two. We had hoped he would have found a job earning more than the amount filed with FRO but with the economy the way it is that hasnt happened. Considering his ex isnt forthcoming with expenses he will probably be waiting until the spring again so maybe the job situation will be better.
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  #48  
Old 08-07-2015, 07:19 PM
BlueDressInToronto BlueDressInToronto is offline
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I thought payments only continued while the child was school full time?
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  #49  
Old 08-07-2015, 10:45 PM
rockscan rockscan is offline
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CS is paid while kids are in school but reduced to the four months they arent away. Hes paying full table while kid is away at school.
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  #50  
Old 08-08-2015, 12:07 AM
BlueDressInToronto BlueDressInToronto is offline
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Quote:
He only learned kid didnt register for a full course load when he got the statement for the RESP withdrawal.
I was referencing this. I thought in Canada support was usually mandated to continue while the kids were in school full time.

Depending on how low the course load is the child might not be considered full time. If that was the case couldn't it be argued in court that child support was over?

It would be much less stress to help but without child support etc coming into play.
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