Support and College

[Bicksey]

Hello

I have had ongoing battles with my self employed ex husband over the past 15 years. Recently he sent me a text saying that he was going to cut me off my daughters support amount due to her going off to college and requiring assistance financially.

While my daughter has worked very hard to save up for college and we have both helped her to get to this point with expenses, he still feels that telling me he will do this is ok and it does affect me financially.

He has all the wealth, cottage, boat, mercedes and yet I am sure he puts his earnings down at a mere pittance as well as writes cheques to the children to offset his payments to me. They have mentioned this to me. That is his deal however I work full time, struggle to make ends meet and have the three children living with me 99% of the time and basically always have.

I have mentioned to him and my daughter that a portion of that amount can be given to her "through me" and the balance goes towards maintaining a place for her, food, etc in my home.

I don't feel he has the right to dictate that he can take this money and then apply it towards her. It may mean me having to take on a part time job to make up for that loss for a certain time frame due to past job loss and currently trying to catch up financially.

BTW, she does have a part time job while in college.

I have never challenged the amount he pays, left him years ago with the kids and moved to government housing and worked my way up from there. I took nothing. Due to his financial capacity I was scared to challenge then and just the same today but want the best for my children.

Can he do this?

[babybluetigger]

support & college

As long as the child continues to attend full time college/university, your ex has an obligation to pay support to you, regardless of her living away from school while attending. It is considered that you 'maintain' the home for the child while they are away. He has a legal obligation to pay support to YOU (not the child) until they attain their 1st college/university degree. (as long as she remains attending school full-time).
Have you asked to see his T-4 this year so that you may ensure that the CS payments you receive are relevant to his current annual income? If not, do so and file for a CS increase (if this would be the case re: his current annual income).
Also, if he does have a healthy income, he may also be required to pay towards special expenses, which is tuition for your daughter, etc, plus monthly CS. He isn't off the hook yet!

[Bicksey]

Thank you for this information. I had thought I was on the right track as far as the support goes.
I have never asked for a T4 or for proof that he has his insurance in tact. He has quite the passive aggressive personality which means I have to work carefully with the issues. Not fun.
I will proceed forward but with caution.

[billm]

....
Have you asked to see his T-4 this year so that you may ensure that the CS payments you receive are relevant to his current annual income? If not, do so and file for a CS increase...

or CS decrease if his income is less.

[Bicksey]

No. He will not provide that for me. I would have to get a lawyer to request it as either way it would produce him coming at me to play hard ball which I don't want to start. If it's a reduction that is fine...I highly doubt it however unless he has found some way to take $$ from the company in another aspect. He also does a lot of "cash deals" which do not go on records. That's what being self employed does but it surely ruins it for the honest businessman.

[got2bkid]

CS paid to the custodial parent when the child is away at college is not automatic. A judge will decide if it is warrented and the guidelines state it is based on the financial situation of the payor. They might only be obligated to pay for a portion of college expenses, and no CS.

Or, for example, if the child attends college closer to the non-custodial parents house, and the child will be staying there for weekends/holidays, the former CS recipient will have to pay the former payor.

If ordered at all, it is usually a reduced amount.

[Bicksey]

He doesn' currently have a home and is living in his cottage which is approx. 2 hrs away. My home has always been the custodial home. She is an hour away and will be staying here on weekends in her own bedroom she has always had provided for her.

He makes much more than me and I am now unemployed as of yesterday due to cut backs at work. Fun wow!

[Mess]

He doesn' currently have a home and is living in his cottage which is approx. 2 hrs away. My home has always been the custodial home. She is an hour away and will be staying here on weekends in her own bedroom she has always had provided for her.

He makes much more than me and I am now unemployed as of yesterday due to cut backs at work. Fun wow!

No offense, one of my oldest friends is currently battling schizophrenia and alcholism and is literally homeless. I can't even get him to stay with me, and I am working with his sister to get him into some kind of program. If your ex has a place to sleep, he has a home.

I'm sure that your ex's cottage is at least as comfortable as the farmhouse my grandparents lived in most of their lives, it was heated by a single wood stove and had a hand pump in the kitchen to provide water from a well under the house. They raised 4 kids there in that 3 room house.

I'd stay there for several weeks each summer and while the outhouse was stinky, and the old newspaper I had to use for toilet paper was a bit rough on my bum, I seem to have come out of it ok.

[first timer]

He does have to pay CS even though the child is away at school however he will not be required to pay for the child's education as well.

[representingself]

He does have to pay CS even though the child is away at school however he will not be required to pay for the child's education as well.

That information is incorrect.

[first timer]

there are many case rulings on canlii addressing this issue

[representingself]

Judging solely on the information that the poster has provided, the child support payor would most likely have to continue paying child support until the child has completed her first post secondary diploma/degree, even if she is living in residence.

Post secondary educational expenses are considered Section 7 expenses, so the support payor would also most likely have to pay his pro-rated share of said expenses.

There are numerous cases cited under Canlii for such situations as well.