First of all I am new to the Forum...so a big hello to everyone!
A little background...
I have three children aged 15, 17, and 19, and have been separated since 2005. My eldest child has lived with me fulltime since our separation. My younger two spend alternating weeks with me and my ex. Based on our court order, I paid child support using the "table-offset" method which consists of me paying the table amount for two children, then subtracting the amount derived by looking up her income for three children. This was the method we used until Sept 2008 when my oldest son (who was 17 at the time) dropped out of full-time high school and proceeded to work full time. As a result, the table offset method went to my income x 2 children, minus her income x 2 children. Net result was that I had to pay more child support.
And now for my question...
In February 2010, my 19 year old son returned to high school full time to upgrade his credits with hopes of attending University in 2011. As a result, I believe that my ex should have to begin paying child support again. In other words, I believe the child support calculation should go back to what is documented in our court order (my income x 2 children, subtract her income x 3 children). Unfortunately, my ex does not agree as she feels that the wording in the court order states "the earlier of the following", she should not have to pay child support for our eldest son. This is exact wording from the order:
8. Child support for each child shall terminate on the earlier of the following:
(a) the child no longer residing with the residential care parent ("living with" includes periods that the child is living away from home for education purposes or a brief vacation but otherwise maintaining a residence with that parent);
(b) the child turning 18 unless the child is unable to withdraw from parental support due to illness, disability, or education;
(c) the child becomes self-supporting;
(d) the child attains one post-secondary degree or diploma;
(e) the child turns age 23; or
(f) the child marries
From what I understand, the above is pretty standard stuff. However, my ex and I have a difference in opinion regarding my ex reinstaing support. I first brought the issue to her attention back in Dec. 2009. It is now over four months later and she does not seem to have any other opinion other than "she is still looking into the matter" and she will get back to me. In the meantime, she continues to cash my support cheques for the higher amount.
I am due to write her new cheques covering the period June 01 2010 to May 01 2011. Am I within my right to just lower the support amount (i.e: revert back to original court order table offset calculation?).
Many Thanks!!
A little background...
I have three children aged 15, 17, and 19, and have been separated since 2005. My eldest child has lived with me fulltime since our separation. My younger two spend alternating weeks with me and my ex. Based on our court order, I paid child support using the "table-offset" method which consists of me paying the table amount for two children, then subtracting the amount derived by looking up her income for three children. This was the method we used until Sept 2008 when my oldest son (who was 17 at the time) dropped out of full-time high school and proceeded to work full time. As a result, the table offset method went to my income x 2 children, minus her income x 2 children. Net result was that I had to pay more child support.
And now for my question...
In February 2010, my 19 year old son returned to high school full time to upgrade his credits with hopes of attending University in 2011. As a result, I believe that my ex should have to begin paying child support again. In other words, I believe the child support calculation should go back to what is documented in our court order (my income x 2 children, subtract her income x 3 children). Unfortunately, my ex does not agree as she feels that the wording in the court order states "the earlier of the following", she should not have to pay child support for our eldest son. This is exact wording from the order:
8. Child support for each child shall terminate on the earlier of the following:
(a) the child no longer residing with the residential care parent ("living with" includes periods that the child is living away from home for education purposes or a brief vacation but otherwise maintaining a residence with that parent);
(b) the child turning 18 unless the child is unable to withdraw from parental support due to illness, disability, or education;
(c) the child becomes self-supporting;
(d) the child attains one post-secondary degree or diploma;
(e) the child turns age 23; or
(f) the child marries
From what I understand, the above is pretty standard stuff. However, my ex and I have a difference in opinion regarding my ex reinstaing support. I first brought the issue to her attention back in Dec. 2009. It is now over four months later and she does not seem to have any other opinion other than "she is still looking into the matter" and she will get back to me. In the meantime, she continues to cash my support cheques for the higher amount.
I am due to write her new cheques covering the period June 01 2010 to May 01 2011. Am I within my right to just lower the support amount (i.e: revert back to original court order table offset calculation?).
Many Thanks!!
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