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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 08-21-2019, 08:33 AM
Berner_Faith Berner_Faith is offline
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Default Apprenticeship and CS

I know the standard is usually CS is reduced when a child is away from home for post secondary and such, but what happens if a child takes an apprenticeship? Most are a few years long and only require a few weeks at a time in class... how does CS work when a child is getting paid as an apprentice but then has to go to school for a few weeks and living at home the whole time ... knowing that while in school they can also collect ei?

A coworker has a son going for an electrician and his ex is requesting full CS while the child is going through his apprenticeship.


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Old 08-21-2019, 08:38 AM
rockscan rockscan is offline
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All of the case law I read said that cs is not ordered for a child who is earning money and can contribute to their living expenses. Its ordered for summer as they are working to contribute to their school expenses.

How much will kid be earning and how long is the apprenticeship? Do they go back to school after the work?

I would say no cs because this is their training for a job. Its not school. They do get paid and they do qualify for EI but she could argue that he is still in school and eligible.
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Old 08-21-2019, 08:48 AM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by rockscan View Post
All of the case law I read said that cs is not ordered for a child who is earning money and can contribute to their living expenses. Its ordered for summer as they are working to contribute to their school expenses.

How much will kid be earning and how long is the apprenticeship? Do they go back to school after the work?

I would say no cs because this is their training for a job. Its not school. They do get paid and they do qualify for EI but she could argue that he is still in school and eligible.


The child will be making $17 an hour as a pre-apprentice, every term that is completed a raise is granted... basically there is no time between start of apprentice and end of apprentice the child wonít be making money, either from working or ei... Dad has no issues helping son out where required but doesnít agree to pay full CS when son is working full time


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Old 08-21-2019, 09:09 AM
rockscan rockscan is offline
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Ya heís not a student. Heís a full time employee. CS is not applicable. If his mom is worried about expenses she can charge him rent.

Your friend needs to simply tell her he is not in school full time and is therefore no longer entitled to cs.
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Old 08-22-2019, 08:41 AM
pinkmorganite pinkmorganite is offline
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Wow, I find it ridiculous that a Mother would ask for Full Child Support in that situation.
But I also believe that Common Sense and Morals are completely different than What Family Law is.

Common Sense---He's earning $17 an hour Full Time. That is "Self-Sufficient" while he's doing that.

But does the law view Apprenticeship as Schooling?

Was there Tuition to be paid for it??
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Old 08-22-2019, 09:14 AM
Berner_Faith Berner_Faith is offline
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Originally Posted by pinkmorganite View Post
Wow, I find it ridiculous that a Mother would ask for Full Child Support in that situation.
But I also believe that Common Sense and Morals are completely different than What Family Law is.

Common Sense---He's earning $17 an hour Full Time. That is "Self-Sufficient" while he's doing that.

But does the law view Apprenticeship as Schooling?

Was there Tuition to be paid for it??


I think there is a cost for the in school portion, although I donít know much about it. Dadís totally okay with helping out with that but paying full CS when the son is making $17 an hour seems a little ridiculous


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Old 08-22-2019, 09:55 AM
pinkmorganite pinkmorganite is offline
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Yes I agree with you.

Crazy if this is another one of those situations that common-sense doesn't prevail to the law.
Of course each person's common-sense and opinions are different!
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Old 08-22-2019, 05:56 PM
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mcdreamy mcdreamy is offline
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Who lives on $17/hour and pays rent?
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Old 08-22-2019, 07:40 PM
rockscan rockscan is offline
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Its 35 thousand a year. I lived on that and paid rent, car lease, food, gas and student loans. In fact, I lived on 25 thousand a year and paid that.

Remember too that people get imputed less and pay cs or offset cs...
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Old 08-22-2019, 10:29 PM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by mcdreamy View Post
Who lives on $17/hour and pays rent?


Many, many people live on that or less... especially apprentices as they usually start off making 40% of the regular wage (my brother just finished his apprenticeship last year and when he was first year apprentice he bought his own house...)

Regardless of whether that is a living wage or not, the question was more if CS is still payable because heís living at home when heís making $17 an hour.


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