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  • #46
    Originally posted by rockscan View Post
    Now he goes into second year with kid living off campus. Who knows what receipts she will keep. Who knows if this lawyer advised the ex of what she can and cant claim as an expense. My partner is overpaying CS right now while kid is away because their order is with FRO and he cant afford a motion to change now and then when he gets a job. Hes been carrying forward the total overpayment as insurance against future cs. It may be that he reduces that from his share of living expenses for school. He will cross that bridge when he comes to it.
    Do you need a motion to vary support due to the child living away from home? Or is it because FRO can't just stop charging support because the child is away.

    Also I understand the necessity of feminine hygene products, but that should be encompassed by the support payments he's already shelling out, or does his ex view the CS as her money and the daughter views her away at school expenses as her money.

    Its reading you're case in particular that keeps me wanting to ensure I have provisions in my agreement for end of support and post-secondary. It looks like its intentionally fuzzy in the act so that people can go back to court for one last bout.

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    • #47
      Their agreement clearly states support will change if the kids go away to school. But it doesnt specify how or when or what the dollar amount is. If they had a crystal ball it would say "cs will be payable for four months that child will be living at home". But they didnt have that foresight. The order is with FRO because ex didnt agree with reducing support. FRO doesnt recalculate or anything like that. What they DO have is an option for the recipient to file an agreed to change to avoid court filings. The recipient fills out the forms, child support adjusts and everything is hunky dory. That hasnt happened. See chapter 5: my ex is unreasonable.

      She made claims for all kinds of shit for this past school year and had no receipts to back it up. The medicine and feminine products were just one example. She also had a doctored receipt from the school that wasnt accepted. Originally she came at him with numbers he had found on the school website last summer asking him to agree to them. Only after prompting did she admit the costs were lower and kid got the tuition reduction. When he pointed out he had already contributed to her equipment charges suddenly a bunch of other charges fell off the table too. His lawyer told him hes not responsible for moms gas to bring kid home every other weekend. That was another bs charge. His ex doesnt get the "provide me with proof of what you paid" idea nor does she agree with the "net cost" part of the law. Everything is a constant battle which then falls into the kids asking him why hes an asshole. See chapter 6: we agreed to leave the kids out of it.

      His worry this year is apples and oranges over cs and university. Technically by overpaying cs hes covering her living expenses so one could argue hes only responsible for his portion of tuition and books. Other people would say you cant mix the two. We had hoped he would have found a job earning more than the amount filed with FRO but with the economy the way it is that hasnt happened. Considering his ex isnt forthcoming with expenses he will probably be waiting until the spring again so maybe the job situation will be better.

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      • #48
        I thought payments only continued while the child was school full time?

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        • #49
          CS is paid while kids are in school but reduced to the four months they arent away. Hes paying full table while kid is away at school.

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          • #50
            He only learned kid didnt register for a full course load when he got the statement for the RESP withdrawal.
            I was referencing this. I thought in Canada support was usually mandated to continue while the kids were in school full time.

            Depending on how low the course load is the child might not be considered full time. If that was the case couldn't it be argued in court that child support was over?

            It would be much less stress to help but without child support etc coming into play.

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            • #51
              She was still full time. It was four classes instead of five. Because theyre with FRO changing support for him requires a court order. If his ex was reasonable it would be easier but right now he cant afford to go to court and then go back when he starts working.

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