Son back in school does support apply again

[Sam Sung]

Hello,

Our son ( 50 / 50 shared custody), was in college last year, so I paid child support to my ex . Our son travelled back and forth from both residences .

This year he quit school, moved in with me full time and worked a few hours per week . My ex said, he is no longer in school, so I am not paying you support .

This fall he is going back to college . He will still live with me full time .

Does this mean I can now ask for support for him, or do you only get one kick at the can ?

He is 19 BTW .

[rockscan]

No once he goes back to school your ex is responsible for cs if hes living with you plus his share of the school expenses. If kid moves away, ex pays his portion of living expenses not cs.

[Bellbaby]

I have av related question. If the child goes to school for a period of time, say a year. Then takes a portion of the off, day another year. Then returns to school, possibly a different program all together, is CS to be paid still? Even with the disruption in school?

[rockscan]

What does your agreement say on post secondary and age? First degree or 22? If yes then if they are under that age and havent graduated then yes CS is payable.

[Bellbaby]

No agreement yet, still drafting one so trying to figure out what to ask the court for...

[rockscan]

Normally its one degree or 22. In special cases where the parents have advanced degrees they will add more.

[Sam Sung]

So can I ask for support starting the day he is accepted into the program or the day he starts school or other ?

[rockscan]

The day he starts school. He doesn't go to school when he's accepted. He goes the day school starts. You should request it begin starting in September (if thats when it starts).

[Sam Sung]

So I asked the ex for support starting Sept 1 and she refused .

I now have to ask the courts to intervene.

Since I have to go to court to file a " motion to change" the wording of our original separation agreement anyways, should I also serve with the request for child support at the same time ?

Should I give her an up to date financial statement at the same time ?

We shared financials in 2012 , but have only exchanged tax assessments since ( and that was even tough to get from her ) .

[rockscan]

What is the motion to change for? You should also include a request for s7 expenses regarding school costs.

[Sam Sung]

The motion to change is to change the wording of how child support was paid .

We did an offset method where instead of it saying " Father pays 1000 to Mother and Mother pays 700 to Father" is only said Father pays 300.

even though phrases like

" to satisfy with both parents obligation to pay child support " and

" both parents shall be able to claim 1 child as an eligible dependant "

are in the agreement

CRA did not recognize that money was technically going both ways and I have been denied thousands of dollars in EDC over the last 3 years as well as the new child tax credits