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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 02-01-2014, 10:17 AM
sigh sigh is offline
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Default Post Secondary-no effort

New to the forum here. Just wondering what recourse a NCP has when child not making effort to succeed at Post Secondary.

Brief background. Child barley passed high school, accepted into certificate program. Placed on Academic Probation after failing first semester and was not allowed to continue in chosen program. Taking General Arts for 2nd semester. Many of Social Media sites show that Child is just partying and not paying any attention to doing school assignments. I feel he is just wasting the year.

I was not made aware of any of this until Child went back to school for 2nd semester. When I asked Child mid term how they were doing, he said fine. I have no access to academic records after multiple requests to have this made available to me.

My question is what happens next year. If Child is accepted into certificate program next year, what is considered the general breakdown. This year OSAP was received and balance after, was split between ex and I proportionately. Since it will be a second year at Post Secondary, is Child expected to contribute a portion to outstanding balance after OSAP?

I know nothing is written in stone, but the problem is that I have not been involved in any of the decisions just presented with bills. Just looking for a bit of insight.
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Old 02-01-2014, 10:33 AM
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Sometimes going into a general arts program isn't a bad thing, particularly when the student is "distracted." Hopefully your son will find his niche and start to apply himself. Nothing wrong with a bit of reality though and a part-time or summer hard labour job might motivate him to value his educational opportunity.
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Old 02-01-2014, 10:40 AM
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I'm not judging here, just providing information.

The Family Law Act and Child Support Guidelines consider that he is still a "Child of the marriage" as long as he is in a full-time post secondary program.

It doesn't matter if it is first semester, or third year, or whatever. No, it doesn't last forever, and after 4 years (either a 4 year Bachelor degree, or 4 one-year certificates, it doesn't matter) you certainly can question. But right now, no you cannot challenge the situation.

As long as he is "Child of the marriage" you are responsible for child support and section 7 expenses. Section 7 includes education costs. Section 7 should be split proportionate to income between you and your ex.

Your child is expected to apply for OSAP, scholarships, bursaries, and seek at least p/t job to contribute to education. The section 7 are split after your child contributes through these resources.

This is what the courts would see. If you and your ex can come to an agreement, then you can do whatever you want. If you can't come to an agreement, then the courts will say you pay child support and section 7 like you (I assume) have been doing for years.

For your present situation, if your child is partying and failing, the courts would still expect you to pay for school.
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Old 02-01-2014, 11:28 AM
sigh sigh is offline
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Thank you for the information.

I do intend to pay my portion as is expected. My child support payments are continuing also while he is away at school. I am just curious if there is any guide as to if child needs to start to contribute to the balance after OSAP as the Post Secondary years continue or if my ex and I continue to proportionately split the balance after OSAP without any coming from Child.
I have read that in some situations that the remainder is split three ways, with parents splitting 2/3 proportionately and the child's portion increased with each year at Post Secondary.

I am hoping the first semester was a wake up call but just wondering if the breakdown changes as the Post Secondary continues.

I do want to see my child be successful no matter what his relationship with me. The problem is there doesn't seem to be any consequences for him just throwing the year away.
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Old 02-01-2014, 11:36 AM
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You are smart to stay on top of things. We had a rule in our house that you go to school or you work and pay rent. This was the rule in my house growing up. Problem with this was that our son was lured from school by prospect of making money. Therefore I'd be aware of what sort of work he does - hopefully it will be something boring and/or exhausting. My son got pretty cocky when he started to work and felt school was a waste of his time. If I could do it all over again I would have either discouraged him from working and focus on his studies or lined him up with a road crew job shovelling asphalt in the hot summer months.
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