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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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  #1  
Old 06-06-2021, 03:00 PM
moon123 moon123 is offline
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Default Child Support and port secondary education fee

HI,
I and my ex have a child and have been divorced. We had agreement that my ex pay child support until the child graduate from high school. My child will graduate from high school this year and will pursuit post-secondary education. Family law in Ontario dictates that each parent, along with the student is responsible for carrying the brunt of the cost of post secondary education.

My ex now refuse to pay for child support after graduation and the child's post secondary education.

What should I do now ? Can I bring a motion to the court for the child support and the education cost ?

Any advise is appreciated.
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Old 06-06-2021, 03:27 PM
standing on the sidelines standing on the sidelines is offline
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he lived up to his agreement that he pays until the child graduates. That doesn't mean he is off the hook for post-secondary education.

use the search feature and you will find a wealth of information
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Old 06-06-2021, 08:51 PM
rockscan rockscan is offline
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There is actually a whole thread on post secondary, I wrote the original sticky post.

You need to first send written correspondence (an email is fine) with a link to the federal child support guidelines and outline that the child is still considered a child of the marriage and eligible for support (if living at home while going to school). Also point out that according to section 7 of the guidelines, school expenses are eligible and they will owe a portion. You can do a quick calculation if you know the program and tell the ex what you expect their share to be. Tell them they have 7 days to respond and should they refuse, you will be filing a motion to change.

Get the paperwork ready for a motion to change (I believe its form 15 in ontario) and file. You may want to have a lawyer help you or speak to someone at the family law information centre (if in ontario) to help you. If english is not your first language, you may want to see if your municipality has a cultural support center to help you as well.

Bottom line, the ex owes cs and school expenses.
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Old 06-09-2021, 11:17 AM
velas velas is offline
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If you're with FRO, they won't end the support at graduation anyway. He would need you're agreement that the child is no longer a child of the marriage. For the expenses, rockscan is the resident expert on that, but you can go to court and get an order for FRO to collect his share.
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Old 06-09-2021, 12:07 PM
rockscan rockscan is offline
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Quote:
Originally Posted by velas View Post
but you can go to court and get an order for FRO to collect his share.
ONLY if it is clearly outlined in your order. It has to say something like $150 per month for post secondary expenses or $2000 for 2020 school expenses otherwise the payor can dispute it and FRO wont do anything. They cant calculate percentages etc and if you submit receipts and claim it as arrears, the dispute resolution process allows them to say the agreement doesnt allow this and they will reject all the expenses.

When you go through the process, you will have the ability to make an offer to settle and if you have an idea of how much each year of school will cost the other parent, you can offer they pay you a set amount and be done with it. In my husbands case he offered to pay a set yearly amount based on what he calculated his share to be. His ex accepted it and they settled.
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