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Losing CS a change in material circumstances?

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  • Losing CS a change in material circumstances?

    As I've mentioned in the past, my son, who is 19, has had some issues with finishing high school, but is only a couple of credits away from completion.

    Last fall my ex and I enrolled him in an alternative school. I was getting an uneasy feeling when I've talked to him about school recently, somethings just didn't make sense.

    So I called the guidance counsellor. And he hasn't been enrolled since January, he was dropped for failing to attend (two classes a week).

    I have been paying full support for him, even though he isn't technically a ful time student. My ex lost her job, and I wanted to make sure he stayed in. Yes, maybe I'm a softy.

    If this is a permanent state, and he doesn't return to school, if I ask to have CS reduced, will my ex be able to ask for more support based on that? The SA states a change in material circumstances can be a cause for review, but it is pretty vague.

    If I go back to the mysupportcalculator and input with two kids instead of three the support reduces a little but not a lot. I'm not living in luxury, I have a 2 bedroom basement apartment. I'd happily have him with me, but he would prefer to stay with his siblings, and they prefer to be with mom.

    My foremost concern is to keep him in school, but he is of age to make that decision, and clearly thats been an issue.

  • #2
    I'll let others chime in, who have more knowledge of this, as I don't deal with the spousal support issue.

    But, I can't see how spousal support should increase, due to child support not being applicable anymore? They *should* be two different things. If the 19 year old is not attending school, he is not a child of the marriage currently.

    I would say bring forth a motion to have your child support stopped, since you have been notified by the school, that your child is not attending the school you were told he was attending.

    Let Mom bring forth any info of why that should not be the case.
    And I would think, she would have to bring forth a seperate motion on her own, to have spousal support increased.

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    • #3
      I can't see a judge raising spousal support due to a loss of child support, unless the spousal support was agreed on originally, at some much lower amount?

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      • #4
        It's possible for SS to increase when CS goes down, because SS is based on income left over after CS is paid.

        I don't believe it happens very often though.

        IMO If your eldest is no longer in school and you have evidence of that then give notice and stop paying. He should get a job and help pay the bills at his Mom's house at this point.

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        • #5
          Guideline spousal support does go up if there is no child support being paid but not if the child support is reduced from 3 children to 2 children

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          • #6
            FRO collects, based on an SA filed with the uncontested divorce. I assume it is a motion to change.

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            • #7
              The usual term is "unforseen material change."

              It cannot be argued that it was unforseen that the child would grow up. If he is no longer technically the "child of the marriage" according to the definition of the family law act, then support should cease.

              I think it is to your credit that you were flexible, you were not a "softy". If he had been making a genuine effort, then it would have been worth it.

              The spousal support may increase a tiny amount, but it is not like the end of child support means that amount gets automatically added to spousal. The spousal calculations without child support use a different formula.

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