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  • University and Child Support

    Ex is a high income earner.

    In one spot our agreement states that child support "will take into consideration" amounts for university and residence and that he can pay those amounts directly to the university.

    In another spot it also states that, child support ends when:

    a) children cease to be a "child" under divorce act
    b) no longer resides with the custodial parent ("resides" includes living away from home for school, summer employment or vacation)
    and a few more.

    I assume that child support will continue after she starts university in addition to tuition, expenses, etc but that child support will go directly to our daughter.

    Am I crazy? Does she still get child support in addition to the rest or does his percentage of the meal plan/residency, etc count as child support?

    (For reference, her current amount of c/s a month is $2,250)

  • #2
    He would pay cs the months she is home. May to August. But he would pay his proportionate share of the rest.

    Comment


    • #3
      CS continues to be payable to the recipient parent, not the adult child.

      Other than that, nothing is set in stone.

      The law is clear that while the child is away at school, child support is to be adjusted (not eliminated), and is to continue to be paid, in addition to s7 costs of post-secondary education.

      In my experience, CS was reduced to 1/2 of guideline, for the months she was way at res, and full guideline for when she was at home.
      Start a discussion, not a fire. Post with kindness.

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      • #4
        mcdreamy, just curious where you've seen CS awarded at 1/2 guideline while child is away. I've mainly just seen full when home and none when away (usually averaged over 12 months)...are there cases you are aware of where 1/2 guideline was awarded?

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        • #5
          Originally posted by v3ktors View Post
          mcdreamy, just curious where you've seen CS awarded at 1/2 guideline while child is away. I've mainly just seen full when home and none when away (usually averaged over 12 months)...are there cases you are aware of where 1/2 guideline was awarded?


          My partners lawyer said none while away unless payor is six figure earner. He mainly represents recipients.

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          • #6
            Mcdreamy....also wondering where you found caselaw on 1/2 when child is away at university. In similar predicament. My ex is 6 figure earner. Anyone have caselaw on this? Much appreciated if you did.

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            • #7
              Hope i can jump in here from this post?

              I would really like to understand this better as well. Ex is 6 figure income earner and custody is 50/50, child away at school full-time.

              Why does agreement states child support will end when child no longer resides with the custodial parent ("resides" includes living away from home for school, summer employment or vacation), if it in fact just gets re-evealuated? Would love also to find case law on sc being reduced to 1/2 while child away at school.

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              • #8
                Normally it is four months (summer) split over twelve months because parent is paying living expenses while child is away at school. There is limited case law on high income earners as many settle. I think when I was searching I came across one on canlii.


                Sent from my iPhone using Tapatalk

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