I entered into a separation agreement in January 2006 and I really don't understand what my child support arrangements are for my 18 year old son who will be attending university and living away from his custodial home with his mother. I thought that the agreement was drawn up so that the monthly payment went to my son NOT his mother. I have now gotten a letter from my exwife stating that "I will not require you to contribute to our son's educational expenses and as such expect to continue to receive monthly child support payments from you as outlined in our signed separation agreement of January, 2006. Please forward a years supply of post-dated cheques to me by Friday, June 9, 2006." (I received her letter by registered mail on Tuesday, June 6th)
The clauses dealing with this issue in the agreement are as follows:
A. "Commencing on the 1st day of January, 2006 and on the 1st day of each subsequent month, the Husband will pay to the Wife for the support of XXXX the total sum of $$$$$ per month. The husband and wife acknowledge that this amount of child support has been determined in accordance with the child support Guidelines......."
B. "The husband's obligation to the wife for payment of child support with respect to XXXXX will end upon the first of the following events happening:1. the Child ceases to reside full time with either party. The term reside full time includes the Child living temporarily away from the home to attend an educational institution or to pursue summer employment or to obtain medical treatment or to take a vacation during scheduled holidays provided the child is otherwise maintaining a residence with either party. For the sake of future clarity, however,the parties agree that if the child is living away from the home to attend an educational institution and both parties are contributing to the child's educational expensees in this regard in proportion to their respective incomes (after decucting from the expense the contribution, if any, made by the child) then both party's obligation to pay periodic child support to the other party in any amount in addition to that paid for the party's proportional contribution to the educational costs (as required by subparagraph (a) will be suspended."
Further under Special or Extraordinary Expenses of XXXXXX
(v) upon admission to a full time post secondary institution, the parties require XXXX (Son) to provide a detailed budget to both parties containing his reasonable expenses for that year and XXXX will be required to do so for each year thererafter for which he is a full time student at a post secondary institution.
(vi) the parties agree to deduct from the reasonable expenses amount any provincial or federal loans which XXX receives. The parties further agree to decudt an amount equivalent to what XXXX would have saved up from summer employment. The parties further agree to deduct any bursaries or grants or scholarships received by XXXXXX.
(vii) any outstanding amoutns hall be deemed to be shared equally by both Husband and the Wife in proportion to their respective incomes after deducting from the expenses, the contribution of XXXXXXX.
(viii) the Husband agrees to pay this amount directly to XXXXX.
(iX) the parties acknowledge and agree that if XXXX is living away from home to attend a post-secondary educational institution and both parties are contributing in proportion to their respective incomes (after any of XXXX's contribution) then both parties' obligation to pay periodic child support to the other in any amount in addition to that paid for the parties proportional contribution to the educational costs shall be suspended."
My understanding is that if I contribute to my son's educational expenses. I then will not have to pay child support. What is your opinion on this?
Gwen
The clauses dealing with this issue in the agreement are as follows:
A. "Commencing on the 1st day of January, 2006 and on the 1st day of each subsequent month, the Husband will pay to the Wife for the support of XXXX the total sum of $$$$$ per month. The husband and wife acknowledge that this amount of child support has been determined in accordance with the child support Guidelines......."
B. "The husband's obligation to the wife for payment of child support with respect to XXXXX will end upon the first of the following events happening:1. the Child ceases to reside full time with either party. The term reside full time includes the Child living temporarily away from the home to attend an educational institution or to pursue summer employment or to obtain medical treatment or to take a vacation during scheduled holidays provided the child is otherwise maintaining a residence with either party. For the sake of future clarity, however,the parties agree that if the child is living away from the home to attend an educational institution and both parties are contributing to the child's educational expensees in this regard in proportion to their respective incomes (after decucting from the expense the contribution, if any, made by the child) then both party's obligation to pay periodic child support to the other party in any amount in addition to that paid for the party's proportional contribution to the educational costs (as required by subparagraph (a) will be suspended."
Further under Special or Extraordinary Expenses of XXXXXX
(v) upon admission to a full time post secondary institution, the parties require XXXX (Son) to provide a detailed budget to both parties containing his reasonable expenses for that year and XXXX will be required to do so for each year thererafter for which he is a full time student at a post secondary institution.
(vi) the parties agree to deduct from the reasonable expenses amount any provincial or federal loans which XXX receives. The parties further agree to decudt an amount equivalent to what XXXX would have saved up from summer employment. The parties further agree to deduct any bursaries or grants or scholarships received by XXXXXX.
(vii) any outstanding amoutns hall be deemed to be shared equally by both Husband and the Wife in proportion to their respective incomes after deducting from the expenses, the contribution of XXXXXXX.
(viii) the Husband agrees to pay this amount directly to XXXXX.
(iX) the parties acknowledge and agree that if XXXX is living away from home to attend a post-secondary educational institution and both parties are contributing in proportion to their respective incomes (after any of XXXX's contribution) then both parties' obligation to pay periodic child support to the other in any amount in addition to that paid for the parties proportional contribution to the educational costs shall be suspended."
My understanding is that if I contribute to my son's educational expenses. I then will not have to pay child support. What is your opinion on this?
Gwen
Comment