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Child Support when child turns 18?
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Originally posted by billm View PostAnyway, the CS is to be used to maintain the custodial parents home, so I don't see this as a reasonable option.
However, the child no longer lives in the house, therefore, there is no extra food consumed, no extra electricity (shower, hair blower, tv, etc.), no extra gas in car for taxi service, etc..
So, a bedroom has to be maintained, but that is the only thing. In my case, the difference between a 3 bedroom duplex and a 2 bedroom duplex is about 80$, so should I be able to argue that the only child related expense she incurs is 80$ per month, and only half of it because I have the same expense since we're shared custody.
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Here's where you will run into trouble. CS is paid according to your income, not according to the other parent's expenses. So it doesn't matter that you can show that she only has $40 of expenses per month.
The issue to the courts is, does an NCP (or paying parent in Shared Parenting) still have to pay CS to cover maintainence of housing while a child is away at university. They answer they have come up with is "Yes." Therefore it will be based on income, not expenses.
I'm not saying this "right", but it's what the courts have to work with, considering the wording of the law. I could be wrong here and some judge has made a wise precedent, but I haven't read of this anywhere.
In a shared parenting situation, I think you have an interesting arguement that neither of you really has more than 10% or so access, so maybe neither should pay. But this would be a new ruling AFAIK, it's never been tested. A lot of situations with Shared Parenting haven't been tested yet.
IMHO if you are writing up a separation agreement and looking forward, the simplest way to word it is to pay the support directly to the child and let them cover their own expense after 18, paying rent to the parents if necessary. This is fair, it's clear and won't come into question down the road, and most important it fullfills the spirit and intent of shared parenting. You are both equal partners and there just a difference in income on one side, otherwise there your roles are equivalent.
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Originally posted by littleman View Postyou are responsible for half tuition, half living expenses, etc.......
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Originally posted by littleman View Posteasy way to make sure ex doesnt pocket the money give directly to your child instead.......chld is adult @ 18 years old and your ex has no say then......give child cheques or direct transfers to bank account......avoid ex and confrontation thats all
My child is away a university and thank goodness the child support is still being paid... that money and my own is going to help cover my child's room & board, groceries, etc. I agree, I don't need it for my house here (even though the law would support that) so I am using it to help him. I document everything because it wouldn't surprise me if my ex tried to raise a fuss over the payments.
Mind you my ex fully believes that child support should stop at 16 years old. That's the age a teenager can get a job, and he thinks that's what they should do. Sheesh. Thank goodness for laws and for the FRO.
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Hi Bobster,
Check this link, it might be helpful
http://www.mcss.gov.on.ca/documents/...ments_eng3.pdf
I was not registered with FRO, so I wrote a formal letter with copy of the agreement stating that child support would cease. My lawyer advised that the court allows the child a period for "Growing Up" of 12 months and I must re-intated support when/if he decided to go back to school and lives with custodial parent.
I have another child that will be turning 18 this June and he has also decided that he will not be going to college so support will end for him, but will be re-instated if he decides to go to college within the next 12 months.
Good Luck
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My spouses 17 year old moved out of her mothers home last december and although we have notified FRO of this, they continue to send the mother child support for a child that no longer resides there..why? because she simply denied it. This child is going to university in September and turns 18 in August. The original agreement does not provide for University. We would however like to continue that support but how do we know what FRO will do once she is 18. We would like that money to go directly to his daughter. Will FRO cut off the payment at 18 if the agreement does not provide for university. That seems to be the only hope for us to ensure his daughter is getting money and not the mother. We cannot afford to go to court on this, so can someone please advise?
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