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

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  #1  
Old 03-05-2016, 01:46 PM
JCL JCL is offline
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Default Who has the 'burden of proof?'

Hi folks,

Just went through CSR (Child Support Resolution) meeting with ex, as ex does not have a lawyer and wishes to take me to court to have child support reduced when child is away at university and to have the 'flat S7 amount' reduced or eliminated. No material change in circumstances for him (pay has actually gone up - earns in the low 100k range). Sold his residence to move in with his gf, took lots of vacations, took on a $400/month car payment despite leaving the marriage with a paid off vehicle that was only a couple of years old. His relationship appears to have failed, so now asking for MY bank statements (already provided tax returns and pay stubs for CSR meeting)? I'm open to offering a reduction for CS when child is away, and lowering the flat S7 amount instead of heading to court. If this goes to court, how does it play out? If the Minutes of Settlement were signed once child was already away at university, and the Divorce Judgement is signed, does the ex have the 'burden of proof' to explain why he can no longer afford what he legally agreed to ? Thanks in advance for your opinions.
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Old 03-05-2016, 05:59 PM
rockscan rockscan is offline
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He cant get out of his share. The only relevant finances will be his. Your income is only relevant for the % break down. He *may* be able to request kids finances to see how they will cover their share thats it.

You offer to reduce the cs to whatever it was while kid 1 was away or to zero while kid is away.

Then you calculate the cost of school: residence/living expenses, tuition less the tax credit, books, and equipment.

You take off one third for kids portion and then calculate his portion via s7.

If he doesnt like it you tell him to take you to court and youll argue for costs because this is fair.

*not a lawyer just have a partner paying his share and this is how his lawyer calculated it last year*
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Old 03-05-2016, 06:08 PM
JCL JCL is offline
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Thanks Rockscan; can I private message you to ask a few more specifics?
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Old 03-05-2016, 06:09 PM
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Yep send me a message
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Old 03-05-2016, 06:49 PM
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mcdreamy mcdreamy is offline
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Quote:
Originally Posted by JCL View Post
Just went through CSR (Child Support Resolution) meeting with ex, as ex does not have a lawyer and wishes to take me to court to have child support reduced when child is away at university and to have the 'flat S7 amount' reduced or eliminated. No material change in circumstances for him (pay has actually gone up - earns in the low 100k range

With no material change of circumstance, you counter with motion to dismiss, with costs. Everyone threatens court willy-nilly but honestly, the percentage that actually gets there is quite slim.


Quote:
Originally Posted by JCL View Post
I'm open to offering a reduction for CS when child is away, and lowering the flat S7 amount instead of heading to court.

You are being very reasonable – perhaps too much so.



With earners in a higher income bracket, higher education i.e. masters, etc. – there is much more flexibility with the calculations for adult child(ren) when it comes to their postsecondary education. It could be presumed that the adult child would be offered the benefits of having two professional parents with 6 years or longer postsecondary themselves.

Quote:
Originally Posted by JCL View Post
His relationship appears to have failed, so now asking for MY bank statements (already provided tax returns and pay stubs for CSR meeting)?

You should be providing full financial disclosure every year – AFTER he has provided his. You’ll have quite a few more years of postsecondary s7 ahead of you, and annual disclosure of each parent [and the kidlet(s)], should be exchanged.


I'm guessing you aren't in a position where the 2 parents are talking, with the adult student, and making decisions together?
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Old 03-05-2016, 08:51 PM
JCL JCL is offline
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No, we aren't in a position to talk rationally to one another, unfortunately. The adult children both live with me; one is in university locally and plans to attend medical school, and the other attends college in the US (playing an NCAA sport) and plans to go to graduate school for physiotherapy. They haven't spoken to their dad in a while; dad inexplicably stopped paying the US tuition for 7 months, then decided to pay...that was sort of the souring of the relationship.

In the Minutes of Settlement, it states that the parents are responsible for the tuition, proportionate to their incomes, (50/50) until the end of the first degree "or longer depending upon the unique educational needs of each child, and subject to agreement between the parties as to the ongoing obligation after the completion after the first degree." Ironically, the 2 of us came to a verbal agreement to split the tuition 1/3, 1/3, 1/3 and that's what we've been doing. I'm wondering if this goes to court what will happen to the tuition cost split? Would the judge want to see 1/3 or keep it at 1/2? If it's kept at 1/2, this would be tough to get out of my ex.
Since both kids are honour students and have some lofty educational goals, I'm wondering what chance there'd be in court to getting the tuition extended (ex has 5 years of post-sec and I'm doing my Masters now while working, so I will eventually have 6 years of post-sec).

No material change in circumstance in terms of salary or other responsibilities (Eg. no other children, salary has increased slightly). Just not sure if the judge will care that he sold his residence and now wants to buy one that's more expensive or that he took on a $400/month car payment when he left the marriage with a paid off vehicle that was 3 or 4 years old? From my perspective, I'm asking, "Is it my fault that he's made some poor life choices?"

Just trying to figure out if it's worth compromising to stay out of court, or risk it?

Thanks
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