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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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Old 09-04-2012, 05:57 PM
Wado Wado is offline
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Default CS and section 7

I have a 19 year old son who live with me and is going to college. My ex-wife is refusing to pay back child support but has agreed to start paying current CS.

The only thing is she only wants to pay it towards his schooling. She doesn't want to pay me and my son. I was under the understanding that tuition fell under Section 7 expenses. That his tuition would be split between his mother and I balanced on earnings.

He is now paying his tuition through money he earns and students loans. He lives with me and I pay for a car for him to commute. I cover the vehicle expenses and insurance, he pays for his own gas. I also cover his sports and all of his meals.

I was hoping to get some child support to help pay for household expenses.

Does anyone have a clear understanding on how this works?

Thanks
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Old 09-04-2012, 09:01 PM
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NBDad NBDad is offline
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Post secondary is one of those oddball items that doesn't really have a set in stone guide. Typically cs is paid based on the tables, either to the custodial parent OR to the child directly. The actual expenses for university are divided in 1/3's. 1/3 is paid by the child. The other 2/3 is typically split proportional to income by the parents.
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Old 09-04-2012, 09:09 PM
Teenwolf Teenwolf is offline
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She is refusing to pay back retro CS? How far back are we talking here?

A NCP can't decide what s/he pays in terms of CS. Like NBDad pointed out, there are different scenarios where the CS goes for post-secondary situations, but there is one common denominator: the NCP pays CS.

Your child makes some of his own money, so the S7 would likely go in 1/3s. The NCP should be paying her proportion of 2/3 of tuition based on your relative incomes (CP and NCP), as well as CS based on her income.
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Old 09-05-2012, 09:51 AM
OrleansLawyer OrleansLawyer is offline
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Quote:
I have a 19 year old son who live with me and is going to college.
Child of the marriage; therefore, child support obligation.

Quote:
He is now paying his tuition through money he earns and students loans.
Therefore there are no s.7 expenses, since you do not incur a cost. In your situation I would consider giving him a portion of child support to lessen his future debt load, however that is a parenting matter.

Quote:
Typically cs is paid based on the tables, either to the custodial parent OR to the child directly.
Very rarely to the child if they are living at home. Payments to a non-primary resident parent are almost always the result of negotiation. As an aside, if the child is 19 there is no longer a custodial parent.

Quote:
The actual expenses for university are divided in 1/3's. 1/3 is paid by the child. The other 2/3 is typically split proportional to income by the parents.
While this is strongly supported within this forum, I would caution that the case law is not nearly as firm.

Quote:
My ex-wife is refusing to pay back child support but has agreed to start paying current CS.
...
She doesn't want to pay me and my son.
Arrears in child support, up to three years, can be reasonably sought, particularly if you have asked for child support in the past. You may wish to advise her that the legal position of "I don't wanna" is contradicted by volumes of case law.
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