My daughter recently turned 18 and will attend university away from home in the fall. Her Mother is agreeing to withdraw our support order with the FRO and let me make my own arrangements with my daughter. However, the Mother claims she is unable to contribute anything to the child's education, ie, tuition, housing, books, etc. Is there any way I can force my ex to share with me the costs of our daughter's education?
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Breakaway,
Not sure what the parties conditions are but
in addition to payable child support the child education expense is prorated to reflect the respective incomes of both parents.
Your ex could request that child support continue to be paid to her ie: she still has to maintain a home for the child when not in school, and also request you to make a significant contribution to the child's education.
Do your math on this one. Hard to say if your getting a bargain or not.
LV
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The child will be away for 8 months of the year at university and working at an out of town camp for July and August, so I fail to see how she is maintaining a home "for the child". Now that the child no longer lives at home can she escape sharing the costs with me in proportion to our respective incomes?
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Is the student returning for those last 4 months each year? can she move to a smaller place? or does she need to keep that extra bedroom empty during the year. I think what LV is getting at is to balance it out- do a cost benefit analysis and figure out if it is worth fighting for.
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Breakaway,
I see your point: she is not a resident in the home for 8 months, but I think, this is just an opinion, and I could be wrong, a court would consider her to be a resident and a child of the marriage until she obtained her first degree. Hence requiring that monthly child support to be in force and continue to be paid. The reason being is that the other parent still has to maintain a shelter for the child in the off months and in addition, you would be expected to contribute a prorated share that reflects your income to the child's education costs. This is a section 7 extra ordinary expense of the guidelines.
Option A
paid monthly child support x 12 = X dollars
plus
prorated child education costs = x dollars
verses
Option B
100% of child's education costs plus living expenses
There may be tax incentives available to you ie: tuition etc if your funding your child's education solely.
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