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  • private school, is it special expense

    Have a motion trial soon (already had cc) for retro reduction of cs and reduction of daycare. Ex informs that placing child in private school and wants me to pay my share. Can she add this to my current motion or will she need to have her own. Currently fro I'd taking 50% of my check and I am paying daycare expenses. I cannot afford private school. I will still give her what I currently am giving her for daycare as per our discussions

  • #2
    why would the child need private school. What is her reasoning behind it. I am thinking that there are public schools that for her to try and force you to pay for private may not fly.

    Comment


    • #3
      thinking that a change from public school with daycare to a private school will help behaviour problems. Thing is there has been no testing done, just trying to label him so tha she has an excuse for the behaviour

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      • #4
        Your ex would have to prove a reasonable cause for her wanting to enroll the child in private school. It would have to be of pure benefit to the child, and financial statements showing whether such an expense can be affored may need to be provided as proof that this is a reasonable expense.

        Personally, I find it absolutely absurd that "private school" and "post-secondary education" is part of special and extraordinary expenses. Although I believe all should strive for higher education, I don't think it's right for the government to ensure that privelege for one child, and not for another. Children whose parents are together in a loving relationship and residing under the same roof don't have any guarantee that their parents will pay for their education, like those children whose parents are divorced or living separate with Child Support Guidelines dictating how they are to fund their child(ren)'s schooling.

        What happens if the parents just can't afford it? If they were together, the child would have to apply for OSAP, apply for scholarships, work a part-time job, etc. to be able to afford college or university.

        Yet, for children whose parents are not together, although they are encouraged to help out financially wherever possible, few of those I know of personally have done so. Some simply hold the selfish view that "the courts will make my parents pay for it" simply because it's considered a special and extraordinary expense.

        Then again, on the contrary, parents should also be held financially responsible for their child... and provide certain luxaries when they can afford to do so.

        So, frustrated11, whether you agree or not... if she proves that this expense is necessary and to the benefit of the child, you will be ordered to pay your share of the expense.

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        • #5
          can she add it to my motion to vary the child support as the courts have not made a decision on that yet, coming up soon

          or will she have to file her own motion to have me pay my share. I don't have a problem with the daycare expenses. I am now paying that as I am working, but when our 2 income combined would not cover it if we were together, it is an unreasonable expense, family court is such a crap shot, depending on your judge's mood

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          • #6
            Originally posted by frustrated11 View Post
            but when our 2 income combined would not cover it if we were together, it is an unreasonable expense, family court is such a crap shot, depending on your judge's mood
            I completely agree! I really does depend on the judge's mood and how they perceive things that day.

            Whether she can add it to your motion to vary... I suppose she could add it into her response to your motion. That way, it would be seen as one of the issues needing settlement in court. Barring that, she would need to file her own motion for the additional extra-ordinary expense.

            If I were you, I'd call up FLIC and ask them this question. They would be better able to give you a proper answer.

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            • #7
              I haven't read the previous posts in this thread.

              I am quite confident that private school is a tremendous expense, and would be a burden to the average family.

              I attended private school for my high-school years. I just wanted to say that they are excellent standards of higher education than may be found in the public system.

              If you are able to, I recommend you send your kids to private school.

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              • #8
                we would love to be able to send my kids to private school, but being without income for 6 months, then getting a job at less then 1/2 I was receiving is a limitation on my part. She verbally stated that her father was contributing and that she wanted XX amount....fro is already taking 1/2 my salary for arrears, how does she think I'm going to live on less then $100 a month

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                • #9
                  Originally posted by #1StepMom View Post
                  Your ex would have to prove a reasonable cause for her wanting to enroll the child in private school. It would have to be of pure benefit to the child, and financial statements showing whether such an expense can be affored may need to be provided as proof that this is a reasonable expense.

                  Personally, I find it absolutely absurd that "private school" and "post-secondary education" is part of special and extraordinary expenses. Although I believe all should strive for higher education, I don't think it's right for the government to ensure that privelege for one child, and not for another. Children whose parents are together in a loving relationship and residing under the same roof don't have any guarantee that their parents will pay for their education, like those children whose parents are divorced or living separate with Child Support Guidelines dictating how they are to fund their child(ren)'s schooling.

                  What happens if the parents just can't afford it? If they were together, the child would have to apply for OSAP, apply for scholarships, work a part-time job, etc. to be able to afford college or university.

                  Yet, for children whose parents are not together, although they are encouraged to help out financially wherever possible, few of those I know of personally have done so. Some simply hold the selfish view that "the courts will make my parents pay for it" simply because it's considered a special and extraordinary expense.

                  Then again, on the contrary, parents should also be held financially responsible for their child... and provide certain luxaries when they can afford to do so.

                  So, frustrated11, whether you agree or not... if she proves that this expense is necessary and to the benefit of the child, you will be ordered to pay your share of the expense.
                  I'm in that situation and I would like to challenge the law becasue, of course, we all know, that you're right. I had to pay for my own education via osap because my single mother could not afford it. My current wife also paid via osap and we both, while working, paid off our loans.

                  My child with my ex is a year from 18, didn't pass but one of her courses last year and that was gym. Does not attend school regularly and with remedial classes still manages to fail....when she is 18 I don't doubt she'll all of a sudden become a miracle student when I file to end CS...and if she does enroll in college, because my ex is a total bum, on welfare, living in gov't housing with some other kids she's had since mine, I will be responsible for paying probably the full tuition.

                  Right now my I'm unemployed and I FRO mistakenly (not the first time) sent a 50% garnishement to EI, they corrected it a few weeks later and I got my first direct deposit today...74 dollars, for the week. so I have just under 300 dollars to support my family a month while my ex is receiving double her alloted CS amount in addition to getting the CTB, UCTB and living in gov't housing with a 400 a month rent all inclusive.

                  so that's how the system works.

                  I've complained to the ombudsman, I would suggest anyone who has a reaL grievance does as well.

                  Comment

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