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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11  
Old 09-09-2016, 02:43 PM
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Originally Posted by YOW View Post
But they have no living expenses if their education is covered, have free room & board.. and if they have a part time job - they are doing very well in fact.

Yes, and I pay hefty support amounts.
The room and board is not free though. The parent(s) they live with are covering it. CS helps them do that more fairly, same as it did before university. The kid still eats, still uses water and electricity, still needs a bedroom, still wears clothes, etc.

The child's part time job should go to their share of tuition and for their fun and savings and whatever they want that's 'extra' that a parent wouldn't cover.
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  #12  
Old 09-09-2016, 02:46 PM
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Originally Posted by standing on the sidelines View Post
they may not pay room and board but it still cost someone something to provide shelter, food and clothes.

Ok - I get that. But if the 18+ child does not go to post-sec school, and stays at home, they become ineligible for child support.

At some point, the payor will stop paying child support. There seems to be a lot of inconsistencies to me. I am not trying to be a deadbeat parent here. My kids will enjoy a paid in full post-sec education, and free room and board. Likely they will also work a part time job like most other young adults their age. CS on top of all that just seems excessive on the payor, especially since CS would end if the 18+ child does not go to post sec education.
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  #13  
Old 09-09-2016, 02:56 PM
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I suppose the situation I am painting is very specific. All responses here have made valid points (and have been appreciated) in the broad general sense, and I suppose it would be a logistical nightmare to be so specific on each and every situation.

It would be nice though to see change in the form of recognition of what is already provided to the 18+ child in post sec school, their own earnings, etc. - and then determine if and how much CS should be paid.
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  #14  
Old 09-09-2016, 03:39 PM
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Courts rule this way because children shouldnt suffer financially as a result of their parents divorce. Why should your child have to pay rent to their parent while going to school when they would not have had to pay it if you hadnt divorced? Theyre going to school. Do you want them to focus on their education or making enough money to pay for their living expenses? Should they take out student loans to be able to eat? There are not many children at 18 who end up getting off cs and you should be proud and happy that your child is going to school to further themselves.

My partners share of living expenses for his kid away from school totaled the same as his child support so you would be paying either way.

These are your kids, quit being a jerk about making sure theyre safe and healthy while going to school.
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  #15  
Old 09-09-2016, 03:43 PM
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These are your kids, quit being a jerk about making sure theyre safe and healthy while going to school.
I am going to assume you skimmed the posts, and did not read things fully.
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  #16  
Old 09-09-2016, 03:54 PM
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I read your posts and living expenses while attending school are not covered by s7 if they live at home. Which is why child support is paid. And if youre in an offset scenario then it cs is paid to keep both houses equal. So whether you pay full or offset cs, your child is benefiting from a living situation that is equal and keeps them from worrying about those costs while they are attending school. Cutting off cs while they are in school is unfair.

Ask yourself this, do you want to be the dad who made good money and who felt he did enough for his kids when they hit 18 so they had to get jobs to pay for food and lodging while living at home? Because kids remember that stuff.
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  #17  
Old 09-09-2016, 04:16 PM
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and most likely... CS will continue to be paid because of family law and how things go. I know very well that even when my kids are in their 30s and 40s, fro time to time, they might need a little help - and that is all good.

Of course I want the best for my kids and to ensure they have the best future, best opinion of me. But this is not exactly the point I am suggesting. (BTW - for argument sake on this thread, I have kept it gender neutral.. I did not say I was the dad, but typically the payer is, and from other threads you probably know that I am the dad).

It has been mentioned in this thread that the child is supposed to be responsible for 1/3 of the cost of his or her education. What happens when that expense is no longer needed by the child because the RESP is more than sufficient? This is the case - RESP supplied by mom and dad - and apparently was not required, but we did it anyway.

If the child did not go to university, CS ends at 18. That is family law, not me that says this. It is the act of going to post secondary education that makes CS continue to 23 or 1st degree.

I would much rather give my kids a healthy allowance - even equivalent to what they would have had in CS payment to the spouse - while they are in post secondary education than pay my ex CS - seeing as this is all about the kids well being.

But, there comes a point where the funding kids goes beyond their actual needs and well being and it becomes excessive. I would caution against providing so much for children that they develop a sense of entitlement, and do not develop a sense of fiscal responsibility. That is not being a "jerk".

My kids already have the necessary education and financial support to become self sufficient. They have no living expenses and they live very well and very comfortable - at both homes.

I'll admit, this is a very subjective discussion, and probably why courts would not be able to make a general ruling over this.
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  #18  
Old 09-09-2016, 04:29 PM
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Then if they decide to go back to school for a post secondary degree they have savings for it. Or for a house.

Your kids are very lucky and hopefully know (and appreciate) that fact.

If it helps, my partners youngest wont speak to him and wont let his ex tell him anything. His lawyer said he has a case to fight to end cs at 18 but as he said the only person that hurts is his kid so he will continue to pay more than the mortgage for her living expenses as well as his share of education.
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  #19  
Old 09-09-2016, 09:08 PM
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Quote:
Originally Posted by YOW View Post
Ok - I get that. But if the 18+ child does not go to post-sec school, and stays at home, they become ineligible for child support.
A child not attending school and over 18 is assumed to have made the choice to be self-supporting as they have time to find employment. Hence they become ineligible for CS. If one parent chose to let them remain at home being a mooch, that's a choice the parent made to allow that, and the other parent doesn't have to subsidize it.

A child over 18 and attending post-secondary is assumed to be too busy focusing on their education to be self-supporting. They still need CS.

Quote:
Originally Posted by YOW View Post
It has been mentioned in this thread that the child is supposed to be responsible for 1/3 of the cost of his or her education. What happens when that expense is no longer needed by the child because the RESP is more than sufficient? This is the case - RESP supplied by mom and dad - and apparently was not required, but we did it anyway.
Talk to your RESP administrator to make sure or do some investigation on CanLII, but I think the grants from the government in the RESP are generally counted as being part of the child's share, and it's recommended that they are spent first. That way, if any investment money is leftover at the end of the degree, the parents get it back. The RESPs otherwise count in the parent's share, depending who controls them. I was warned about always paying into my RESP early in the year, so I could beat my ex to getting the grants.

Last edited by Rioe; 09-09-2016 at 09:15 PM.
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  #20  
Old 09-12-2016, 09:09 AM
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My ex and I have agreed long ago that all the funds in the RESP will belong to the kids, so if they have leftover they will also have a headstart on whatever they may need at that time.

Rockscan : I hope they appreciate it too, but kids being kids - probably won't fully appreciate it until they are adults with kids of their own.

Does anyone know if paying CS directly to the 18+ child is an option? I just can't see how living expenses are as much as my CS payments... again, I'd rather see it go directly to the kids at that point.
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