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tlwa · #1 07-16-2012, 07:55 PM

I have read a couple other posts about this topic and I would like to get a little more info on the actual process. My son who I pay $640.00/mth child support for is going to be starting college this fall. He has asked his mother if he can have this money to cover his living expenses while he is in school. She has outright refused to give it to him. First, does she have the right to keep this money if he is not living at home? Second if not what do I/He have to do so that he can receive the money? I am by no means trying to get out of paying my child support obligation. But in his current circumstance I believe he should be the one receiving it. Does anyone have similar experiences out there that might help me out on this?

blinkandimgone · #2 07-16-2012, 08:32 PM

I believe that residence, food, and travel costs are included in the total amount with tuition and books that gets split in thirds, proportionate to income under section 7 guidelines.

If he will be living away during school months but returning home on the off months, there is still a cost associated for his mother to maintain a home for him to return to in the off months.

Not 100% sure but perhaps someone with more knowledge will correct me if/where I'm wrong.

Janus · #3 07-16-2012, 09:47 PM

Could the son just state that he is living with his father? Then, not only could the father give the money directly, but the mother could pony up some money to the father that he could funnel to his kid as well. A win all the way around.

blinkandimgone · #4 07-16-2012, 10:20 PM

Are you suggesting having the child lie about his living arrangements?

Janus · #5 07-16-2012, 10:51 PM

Of course not, I'm suggesting the son actually move in with his father.

He's old enough to make that decision.

blinkandimgone · #6 07-16-2012, 11:43 PM

They would have the same exact scenario but in reverse, which doesn't address the actual issue.

Janus · #7 07-16-2012, 11:46 PM

The mother is keeping the money intended to support the son. Assuming the father would not do the same, then reversing the situation would indeed address the issue, would it not?

Just so you know, I'm not trying to be difficult here, sometimes that can be hard to get across in an online environment. I'm not personally involved in this particular scenario, so I'm just curious.

MrToronto · #8 07-16-2012, 11:50 PM

lying in family court..never heard of that before....regardless, start a motion to change...time for paper work...who's claiming the tax stuff?.....does your kid have a budget.has he applied for grants and bursaries..is he applying for osap...wats his income..get the tuition book amounts....yeah you can pay the child directly..it's easier when the ex is just enriching herself and being un co-operative there's caselaw for it. anyways your lucky it's college (max 3 years).. and only one child......the ex is not entitled support if the child is out of the house so there's retroactive support there..if you get busy now perhaps you can also squeeze a termination date for support in your order....regards

Janus · #9 07-16-2012, 11:52 PM

Holy cow.

I would never counsel to lie. I meant that if the son is feeling like he is getting ripped off by his mother, he can simply start to live with his father, can he not?

I could be wrong, but mischaracterizing my point so horribly is a little disconcerting.

blinkandimgone · #10 07-16-2012, 11:54 PM

Quote:

Originally Posted by Janus

The mother is keeping the money intended to support the son. Assuming the father would not do the same, then reversing the situation would indeed address the issue, would it not?

Just so you know, I'm not trying to be difficult here, sometimes that can be hard to get across in an online environment. I'm not personally involved in this particular scenario, so I'm just curious.

Of course she is. The money is intended to support the son and maintain a home for him, which she is doing despite the fact that he isn't there during school months. There are still expenses associated with maintaining a home for him to return to and she has every right to keep the money.

The extra costs associated with the kid going to college are over and above child support and should be split in thirds proportionate to income.

If the kid was permanently moved out of his mother's house then yes, CS would stop and the father could give the money directly to the son if he wished to contribute to his living expenses.

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