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  • University & Support

    According to the divorce/custody agreement my husband is responsible to pay child support until his son is 21. He will turn 21 in his third year of university. I have received mixed messages - 1) once he's 21 that will end child support payments or 2) his mother can return to court and ask that my husband continue paying until he has completed his first degree.

    Second question - my step son has worked before university and also received a $1000 scholarship for his first year of study. He also will work once he is finished in the spring until he returns in the fall. My husband has been making his child support payments based on the tables. Should the amount paid take into consideration the money his son has made from work and his scholarship? When you add the two up plus the child support payments, my husband is paying more than 1/2 of the university costs. The mother has a higher income than the father. During the summer months the son will probably split his time 60% at mom's and 40% at dad's.

    Third question - can the T2202A issued for tutition be split between the mother and the father?

    Morally my husband will do the right thing, but we are uncertain of what the legalities are.

    Thanks in advance

  • #2
    Uncertain,

    welcome to the forum.


    According to the divorce/custody agreement my husband is responsible to pay child support until his son is 21. He will turn 21 in his third year of university. I have received mixed messages - 1) once he's 21 that will end child support payments or 2) his mother can return to court and ask that my husband continue paying until he has completed his first degree.
    I have to agree with 2) - An Ont court has the discretion to set aside a term or condition of a separation agreement of support of a child if it deems that it is in the child's best interest to do so.

    To determine the child support obligation that exists, Notwithstanding a separation agreement providing other wise; All you need to do is refer to the Family Law Act R.S.O. 1990. c.F.3

    http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK34
    31.(1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.

    and see 56.(1) and 56.(1.1) on the issue of separation agreements or domestic contracts
    Provisions that may be set aside or disregarded

    Contracts subject to best interests of child

    56.(1) In the determination of a matter respecting the education, moral training or custody of or access to a child, the court may disregard any provision of a domestic contract pertaining to the matter where, in the opinion of the court, to do so is in the best interests of the child. R.S.O. 1990, c. F.3, s. 56 (1); 1997, c. 20, s. 10 (1).

    Contracts subject to child support guidelines

    (1.1) In the determination of a matter respecting the support of a child, the court may disregard any provision of a domestic contract or paternity agreement pertaining to the matter where the provision is unreasonable having regard to the child support guidelines, as well as to any other provision relating to support of the child in the contract or agreement. 1997, c. 20, s. 10 (2).

    With that said, generally child support is payable until such child obtains first post secondary degree or diploma. However, every case turns on the facts.


    Second question - my step son has worked before university and also received a $1000 scholarship for his first year of study. He also will work once he is finished in the spring until he returns in the fall. My husband has been making his child support payments based on the tables. Should the amount paid take into consideration the money his son has made from work and his scholarship? When you add the two up plus the child support payments, my husband is paying more than 1/2 of the university costs. The mother has a higher income than the father. During the summer months the son will probably split his time 60% at mom's and 40% at dad's.
    To me, the adult child should be applying his earnings and scholarships to the university expense. The net amount would be split between Mom and Dad. Tabled Child Support would continue to be paid until they obtained their first degree or diploma.


    Third question - can the T2202A issued for tuition be split between the mother and the father?
    Thats a definite question for CCRA. However, they have some information posted on their website which can be found here.

    http://www.cra-arc.gc.ca/tax/individ...23/menu-e.html

    If you are inconclusive to your question, I would contact CCRA directly.


    lv

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