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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 07-02-2020, 12:42 PM
Gilligan Gilligan is offline
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Default Advice on timing for adjusting Child Support (Post Secondary Education)

Hoping to get some advice on my circumstances and possibly what I should expect.

I have 1 son (50/50) who will be starting post secondary education in the fall of 2021. I pay offset CS, but my ex doesn't work so my ratio is currently 73% for S.7 and I pay a fairly big amount of offset CS given our schedule.

I am hoping that CS that is currently paid directly to my ex would go down, given that I will be paying for a large amount of post-secondary costs.

Given the delays in court system that will likely result with COVID and the fact that the last time we went through the courts, it took almost 2 years to resolve the matter. Should I be looking to start the process now?

Also, in my circumstances, what are people's thoughts on what would be paid to my ex. vs. the child. Although my son has expressed an interest in going away for school, that's not guaranteed and who knows what will happen with COVID.

I am not expecting my ex to agree to any changes and would expect this to go to litigation. I want to avoid getting lawyers, but I suspect I will be have to given the complexity. I am in Ottawa if that helps.
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Old 07-02-2020, 01:12 PM
rockscan rockscan is offline
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Child support only changes if kid goes away to school and even then it may still continue in a lower amount.

As for the expenses, those will be split between the three of you. If your ex has a low income then your child may end up with additional grants but will still have to contribute.

Your best approach if you want to change things is to try to have an income imputed to her but at this point that not work.
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Old 07-02-2020, 02:18 PM
Gilligan Gilligan is offline
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For a child who goes away, would the following be an expected outcome?

Child Support:
  • Pay offset during the summer months (on the basis that child returns during summer OR Average this amount throughout the year?
  • What happens if the child remains away for the summer?

Keep in mind this would be an enforced court order through FRO


Post Secondary Expenses
  • Child pays 1/3 of the cost
  • The remainder is split pro-rata (73% / 27%)? Does this change based on the
    fact if the child remains in the city or not?
  • Would the parent's portion normally be split 50/50?


Given the LTD, it would be difficult for me to pay 73% of PS on top of CS.
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Old 07-02-2020, 04:35 PM
rockscan rockscan is offline
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Normally (and this came from a lawyer in my husbands case) cs is taken as four months of summer averaged out over the year. In your case though because your ex has no income she could argue she needs more monthly to maintain a home for the child to come back to. You can offer her the four month average and see where she goes.

As for school expenses...whether you can afford it or not has little bearing. If neither of you can afford kid going away then the court may look at it as what is a local school cost like. If there are no local schools and child must go away then it is looked at differently.

The cost split is also after the grants are taken off and after tax benefits. That may help reduce your share as well.
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