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20 year old son not working not in school - can i impute this " gift" income to my ex

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  • #16
    Originally posted by mf1iaat View Post
    Unfortunately our 20 year old son is neither working nor graduated high school. And it doesn’t look like he has any intention of doing either in the near future. He has no disabilities (unless laziness is now a dysfunction).
    Your not paying support for your 20 year old son and the way you talk about him, it does not seem that you have much of relationship with him.

    You say that he did not even graduate high school but it seems that you worried more about the CS for the other children than the future of your own son.

    This is pretty pathetic. Would you not prefer to assist in finding a solution for him instead of worring about trying to debuct the amount from CS that is for the 2 younger one or maybe you do not really care.

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    • #17
      Well if my children end up being 20, not having a job.....I hope they come live with me!

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      • #18
        Originally posted by knackered View Post
        So what age is child support supposed to stop, if the children don't continue on with school? 18?
        Child Support - Ministry of the Attorney General

        Read the Child Support Guide Lines. Clearly you do not understand what defines a "child of the marriage".

        Originally posted by knackered View Post
        I'm sure I've read posts on here before of other support payors complaining that their children are over 18, not in school, and still living with the custodial parent, collecting child support.
        Provide the links to your "memory" of this. Not hard to use the search function to point to specific threads.

        Potentially it may a "false memory"?

        http://www.ottawadivorce.com/forum/f...-memory-12829/

        Originally posted by knackered View Post
        It's something that I could see my ex doing....and the only way to stop it is to file a motion right?
        That is correct. You would need to file a motion on "change in circumstance" to have an order made to remove the child support ultimately. You will be awarded costs should the other parent not consent to end the CS obligation if the child of the marriage is not in post secondary school and child support payments are still being made. Furthermore, depending on how fast you bring the motion forward and attempt to resolve the issue without the court... You will get back any over payments.

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        • #19
          Originally posted by mf1iaat View Post
          Unfortunately our 20 year old son is neither working nor graduated high school. And it doesn’t look like he has any intention of doing either in the near future. He has no disabilities (unless laziness is now a dysfunction).

          I understand that I am not responsible to him from a CS perspective but he is living with my ex, rent / board free with use of her car!

          Can I not impute the market value of this “gift” into my ex’s income for purposes of CS/SS? On a conservative basis room/board and use of car must be worth at least $1000/month or $12,000 year.

          Is there actual court ruling for this scenario? If so please post the corresponding law and or comments.
          Let me see if I'm following this logic. Your older son is no longer a child of the marriage as he is not in school and should be working, and therefore you should not have to pay CS for him any longer. Reasonable so far. Unfortunate for the child and the ex he's freeloading off of, but legal.

          However, you want to consider the room and board and use of car you think he should be paying to your ex as part of her income, imputing $12k more income to her for CS calculations? Completely unreasonable! You'd be laughed out of the courtroom.

          Think of it from your ex's perspective. Not only is she stuck with this freeloader who still eats her food and uses her gas and causes all kinds of other expenses for her, for which she is no longer assisted with by your CS even though he's still your kid, but you want to make the financial sacrifice she's making to continue supporting him even worse by lowering the CS you are paying for the remaining children as if she had a real boarder instead of your lazy child?

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