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  • child Support calculator

    Hello,
    I am divorced and have two children, both living away from home, attending university full time. My ex applied for a change of motion about the existing child support. I cannot afford a lawyer and I will be self represented. Where do I find a free child support calculator which includes the post-secondary expenses (university/living residency) expenses of my children?
    Thank you so much for any help

  • #2
    There is no free calculator for that. What did she file in her motion to change?

    In most cases you pay a portion of their living expenses during school and full table support May-August.

    Comment


    • #3
      I think the question might be what did HE file in HIS motion to change.

      Same details apply. What was the custody arrangement before they went away to school?

      Comment


      • #4
        Since the kids moved out (to live with friends) last Sept, he only wants to pay the summer table support, what I totally accept. Since he is earning about 4 times the income from me I want him to contribute to the post-secondary education expenses of the kids what was agreed to in our divorce contract 3 years ago. You say there is no free calculator? Any other hints how I can get the calculation done? Thank you.

        Comment


        • #5
          Your child support is already calculated monthly right now. So you know that amount.

          Depending on what your SA directs regarding educational costs. Usually it's 1/3 each parent and a 1/3 for the student. Or it's proportionate to income.

          You will need to take the entire cost of the year.
          School fees
          Books
          Food and lodging
          Travel costs to and back for vacation time. I've Christmas, Spring break and Summer.

          You will need receipts for everything

          Now total it up and deduct the tax credit you will receive for each student.

          Student can claim against their own income ( summer employment etc) and anything left over you can claim.As the parent receiving CS you will be able to claim a tax credit for each month your children are in full time school. So for 2015 if they commence school in September you claim Sept- Dec x $ mat allowed ( check the tax info on how much that is now. Used to be $50 per month)

          Anyway, after you,have done,the tax calculation of what refund you will receive claiming for 2 children in full time school the. You have the net cost of each student attending school.

          This amount is the. Either divided 1/3 each or proportionate to both parents income of whatever your SA agreement states.

          I find it best to do the tax calculation on one of the tax programs you can buy for $10 on,one. I use my Tax Express. $10'you can do 10 income taxes. Well,worth it. You can put in the information on your income tax for 2015 and then make a note of the refund or amount you owe then add in 1 child's school information and see how it affects your tax return. Print that out for proof. Then delete that information,and do,the second child. See how,it affects your tax return. Print it out for proof.

          It only takes 10 mins for each to do.

          So now you have the Net cost of them attending school.

          I do not think Child Support stops because they are away for school as you have to maintain a home for them anyway. However, I think it a reasonable agreement to suggest that some of the child support is applied to the education fees, food etc while they are away from home.

          It's a matter of doing some math. Putting it all down on paper and seeing where the numbers add up.

          Goodluck

          Comment


          • #6
            Theres a thread in the reference section that breaks it down.

            Beachnana is sort of correct. Depending on what your SA says (and most are standard) you break it down 1/3 to the student with the remaining portion split according to income.

            Travel expenses to go home are only included if kids are spending equal time with dad. He could argue hes not eligible to pay for that expense (thats straight from my partners lawyers mouth and he has successfully argued that fact in court for all his post secondary cases).

            You also need to take the "net cost".

            He doesnt pay full table while theyre away. Sorry but its double dipping if hes paying you living expenses and then kids living expenses.

            Plus, kids are responsible for a larger piece (1/3) if they choose to go away and there is a comparable program close to home.

            Go view the thread in reference, it breaks it all down.

            Put the numbers together, get the receipts together and tell him his share.

            Comment


            • #7
              So he is asking to stop support all together in his motion to change?

              Im not sure how the response goes but you may be able to file a cross motion for school expenses.

              Comment


              • #8
                Thank you for all your great and useful answers. But as mentioned before I cannot afford a lawyer. I am just writing the Response to his Change of Motion. Yes he wants to stop paying any of the child support except the summer portion. I would like him to contribute to the boys post-secondary education. Where can I get the Divorcemate calculation done if I don't have a lawyer who owns the software?

                Comment


                • #9
                  You can use a free tax software online. Put in your income info and then check your return amount then add the school expenses and check your return amount that way, thats the net cost.

                  Comment


                  • #10
                    You can also get help at the courthouse from the family law information centre (flic).

                    Comment


                    • #11
                      There is no calculator because there is no set formula. It depends on the type and amount of the expenses, your means, and the kid's ability to contribute.
                      Primarily it is defined in the child support guidelines. But it is vague there. So look on CanLII for situations similar to yours and see what has been ordered. Some posters seem to imply there is a 1/3 rule, but you'll see on canlii the judgements are all over the place.
                      It comes down to what is reasonable.

                      As per the guidelines, the child is still a dependent, so regular CS applies. And, per guidelines you split tuition+books+all those other little fees proportionally to income. The child still has all the usual expenses that CS is meant for (food, shelter, clothing, transportation, phone, entertainment etc) but since the child may be living away from home (I think that) the CS should now go directly to the child. The only sticky bit is the 'doubled' shelter costs e.g. residence/off campus housing plus room at home.
                      Last edited by dinkyface; 02-21-2016, 10:29 PM.

                      Comment


                      • #12
                        Originally posted by dinkyface View Post
                        There is no calculator because there is no set formula. It depends on the type and amount of the expenses, your means, and the kid's ability to contribute.
                        Primarily it is defined in the child support guidelines. But it is vague there. So look on CanLII for situations similar to yours and see what has been ordered. Some posters seem to imply there is a 1/3 rule, but you'll see on canlii the judgements are all over the place.
                        It comes down to what is reasonable.

                        As per the guidelines, the child is still a dependent, so regular CS applies. And, per guidelines you split tuition+books+all those other little fees proportionally to income. The child still has all the usual expenses that CS is meant for (food, shelter, clothing, transportation, phone, entertainment etc) but since the child may be living away from home (I think that) the CS should now go directly to the child. The only sticky bit is the 'doubled' shelter costs e.g. residence/off campus housing plus room at home.

                        A caution that Canlii is only a small SAMPLE of cases. There is jurisprudence to show that the split is handled that way. Most lawyers (who arent out to fleece you) will tell you this break down.

                        Plus there are cases on Canlii that are used by judges to decide this break down namely Lewi v Lewi which is referred back to in almost every case for the break down.

                        Unless the circumstances are extreme (illness, educational expectations) kids are required to contribute, they just arent expected to use all their income and full student loans.

                        Plus, going away to school for a program that is available close to home adds an additional expectation that kid pay more.

                        He can stop paying cs but hes still on the hook for a share of rent, food, utilities and necessities.

                        Comment


                        • #13
                          MySupportCalculator.ca has a paid version now that will do everything the OP asked I think:

                          MySupportCalculator.ca

                          It would be done with the "MSC Advantage" product and not the free basic version.
                          Basic (Table) child support and spousal support calculation (SSAG)
                          Print unlimited calculations
                          Save calculation for future use
                          Employment Income
                          Self-Employment Income
                          Other Income
                          Child Care Expenses
                          Children's Education Expenses
                          Children's Extracurricular Expenses
                          Children's Medical Expenses
                          The only online and accurate calculation of each party’s share of child-related "net" Special Expenses
                          The only online and accurate calculation of spousal support when child-related Special Expenses are a factor

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                          • #14
                            Thank you very much. Exactly what I was looking for.

                            Comment


                            • #15
                              MySupportCalculator is usually free but they also have a calculator that costs about 30 bucks and it offers some more options. One of the options included in the paid calculator are post-secondary expense. Check it out - I mean its not free, but its a LOT less expensive then going to see a lawyer!

                              Comment

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