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  • Help I need advice

    I have an 18 year old daughter who is attending college. She was in college last year and in the summer totalled her car. She was unable to attend in the fall due to the fact she did not have a car and both me and my husband work full time so she could not take our cars. Her father was also a year behind in support and that was the money used to help pay for school. I will gladly provise a bus schedule to show that it is near impossible to use the transit system to get to school from where we live-the nearest bus stop is at least 3 miles away with buses running very infrequently. She has since gotten a new car and he has resumed payments so she is enrolled for the winter term. He is wanting to stop support due to the missed semster. He knew of her situation and offered no help in getting a car or paying his support. He offers no help with her car payments, her insurance payments her tuition or books. Please help is there anything I can do?
    Tammy Backus-Searsone

  • #2
    Tammy,

    Post secondary education would be considered an extraordinary expense.
    over and above periodic child support.

    This extraordinary expense would be prorated and both parents are expected to contribute to this expense.

    Scenario:

    Parent A earns 66 K a year
    Parent B earns 33K a year

    Post secondary costs are 10K a year
    Parent A would contribute 66% and Parent B 33% of 10K

    Courts would also look at the child's earnings in which they could earn and how is this money spent and if it is being applied against the respective post-secondary education costs. It is expected that a child of that age should be working and earning to wards their education.

    As far as car goes for the child this may not be treated as extraordinary expense regardless if it used for traveling to school on a daily basis. It is very grey and most likely would not get approved by the courts as an extraordinary expense.

    Comment


    • #3
      I need advice

      I was not really concerned about getting additional money from him to help with school I was just wondering if he is obligated to continue paying support in the amount he has been paying while she is in college even though she did take a semester off??? I use the money he presently gives to help fund school. Thanks Tammy Searsone

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      • #4
        Does she work, the courts will look at how much a student makes part time? In your situation I think he would have to pay as he is not contributing towards her school. It will look badly on him in court if he is 1 year behind in payments. He also may find himself force to cover his share of her schooling. Do you have a separation agreement, is child support clearly defined in it?

        My ex has to contribute to my children's school travel expenses, including a car, gas & parking as a Sec. 7 expense.

        Comment


        • #5
          Tammy,

          I agree with Grace that you should be receiving child support while the child is enrolled in post secondary education. Even if the child was off a semester, your looking at a few months. In light of the circumstances of why she was not attending school ie: accident I think you should of received child support for those months and additionally the months that the child is off for the summer.

          Facts are this:

          The child resides with you in the summer months etc and you do have an onus to maintain a suitable household for when the child is attending school.

          Grace,

          I think that is awesome that you got that extraordinary expense covered.
          The facts of your situation must of supported it highly. A good education is the right of the child's and I personally feel that this is one of the best gifts you could assist or give to a child as it is life long and will have a great impact on their position in life.

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          • #6
            Thank you

            Thank you all for answering my questions. I have received the information I wanted and I feel much better. I m not looking to take anyone for a ride I just wanted alittle help while she is still in school and living at home. And yes she does work and she pays for her car, her gas and I will pay the insurance when she goes back to school in january. I do not want her working to many hours as her education is important. Again thank you for your help

            Comment

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