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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 01-19-2022, 06:12 PM
Busch Busch is offline
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Default Can someone please explain "Considered Summer"?

My current Husband has been paying full table amount for his 2 children to his ex. His Daughter is in her last semester of a 4 semester program at college. Daughter has decided she wants to live in residence for this last semester. Husband has paid his proportionate amount towards residence costs and daughter has moved in from what we understand. His Ex's lawyer is saying he needs to pay CS for both children until may, but not full amount, only partial as daughter is "considered summer". Our question is if residence has been paid, why would CS be paid for a child that is not living in the home? I would understand if support obligations were to continue after daughter returns home for the summer and back to school in September, but his obligations for oldest daughter ends when her classes end at the end of April. Please let me know what I am missing here?
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Old 01-19-2022, 07:21 PM
rockscan rockscan is offline
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I dont know why they called it considered summer but for kids who go away, cs is considered summer only.

Is she done school in April this year? Then no more cs is paid. If she isnt done until next spring (2023) then summer only would be owed and it can be paid through the four months of summer or a reduced amount throughout the year.

Off topic: Busch! Hi! How did things go with your case update?
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Old 01-19-2022, 07:33 PM
Busch Busch is offline
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Hi Rock!!

April is the end of her 2 year program. No more school. Period Done. So support obligations should be over. Which is why we are confused as to why they want support for Jan-April when she is not at home.

My case went through 2 DRO meetings, absolutely no settlement or agreements. We have Settlement case in July. I will update my case post later this week.
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Old 01-19-2022, 08:36 PM
rockscan rockscan is offline
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Ya no then there is no support owed.
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Old 01-20-2022, 10:31 AM
pinkHouses pinkHouses is offline
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Could they be asking for CS to maintain the parents primary residence to accommodate the child if they need to return from school or visit regular (like every weekend)?
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Old 01-20-2022, 10:37 AM
rockscan rockscan is offline
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Quote:
Originally Posted by pinkHouses View Post
Could they be asking for CS to maintain the parents primary residence to accommodate the child if they need to return from school or visit regular (like every weekend)?

They could but it may not be successful and it is normally awarded where the child spends a lot of time at home and the paying parents income is much higher.
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Old 01-21-2022, 02:07 PM
Busch Busch is offline
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Rock, any idea where we can find documentation to state that CS is not paid when Child is away at college?
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Old 01-21-2022, 02:44 PM
rockscan rockscan is offline
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Default Can someone please explain "Considered Summer"?

Quote:
Originally Posted by Busch View Post
Rock, any idea where we can find documentation to state that CS is not paid when Child is away at college?

The cases my husbands lawyer referenced that would apply:

K.A.F. v J.L.R 2017 ONSC 4279
L.B. v P.A.V. 2008 ABQB 623

Im sure there may be a few cases that reference the first one above. The judge in my husbands case and the DRO made it crystal clear support is not paid when a child lives away.

Last edited by rockscan; 01-21-2022 at 02:48 PM.
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