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University as section 7 (long...sorry)

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  • #46
    Partners agreement states cs changes when child goes to school. Lawyer also said that going away means no cs for the months of school. Talk to a lawyer about it and check your agreement.

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    • #47
      Originally posted by rockscan View Post
      Lawyer also said that going away means no cs for the months of school.
      With all due respect to the lawyer and their opinion, caselaw doesn't agree. There are still costs to carry the house where the child resides during times they are not at school which some amount of c/s will cover. So while c/s is generally reduced dramatically (I've seen reductions of 60+ percent), it is almost never cut off completely.

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      • #48
        Then it must be because their agreement says it.

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        • #49
          Originally posted by rockscan View Post
          Partners agreement states cs changes when child goes to school. Lawyer also said that going away means no cs for the months of school. Talk to a lawyer about it and check your agreement.
          That doesn't make a lot of sense. If the ex can't carry the costs of the home without CS, what is s/he supposed to do during the school months when CS is cut? Move to a smaller place? What happens during the spring and summer months then, when the child is not at school, if the home is not available? What about December?

          I can see the logic of reducing CS for all twelve months of the year, to reflect the reduced operating costs of the house and family budget, but it doesn't make sense to turn it on and off like a faucet. Some costs are constant throughout the year to enable the child to have a place to live when school is not in session.

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          • #50
            I dont know why it states that or what part of the law it is but if you google it there are legal sites that also say cs changes if a child goes away. My partners ex makes significantly more than he does so she doesnt have trouble carrying the costs of the house. Both lawyers he spoke to also said off site university means a reduction in child support. But like I said, its in his agreement that cs changes when they go away to school.

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            • #51
              Originally posted by Serene View Post
              Intact families have no obligation to pay for children's post secondary costs. But separated parent's do... think about it for a minute...
              I don't think this is true.

              Separated parents only have to contribute to post secondary if ONE or BOTH of the parents want (or forces) it.

              The same is true for intact families. If just one of the parents decides to use family money to support post secondary, it happens.

              There is no difference.

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              • #52
                Actually, if the CHILD decides to go to school the CS payor is on the hook. In reality, the CS recipient might be proportioned their share of post secondary expenses but no one will monitor or enforce that amount. Only the CS payor will be enforced.

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