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Can step parent income come into play for Section 7 post secondary ?

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  • Can step parent income come into play for Section 7 post secondary ?

    So here is the quick summary....

    Ex has the children most of the time - I only have EOW visits. Ex has been common-law with new partner for roughly 6 years.

    It appears that the "usual" guideline for when a child goes to post secondary out of town is....

    -child responsible for 33% of costs
    -remaining 67% split between the two parents proportionate to their incomes
    -"income" includes the recipient's spousal support.
    -normal child support stops when the child is out of town at school

    Question: IF my ex and the common law spouse split up, my understanding is that there is a good chance the ex could go after child support (in addition to my payments of CS) due to the "in loco parentis" guideline. I know it's not a slam dunk but it doesn't seem to take much to initiate it.

    So, using that logic, even if they stay together, does the common - law spouse's income come into play (ie. added to my ex spouse's income) for working out the proportion of post secondary section 7 expenses I need to pay ?

    Thanks for any feedback in advance......
    Last edited by shellshocked22; 04-25-2018, 06:12 PM.

  • #2
    New partners income has nothing to do with CS or S7 expense payments, unless one parent is claiming undue hardship and that is VERY hard to claim. 6 years I personally don't feel is enough for in loco especially if both bio parents are involved in the child's life. It takes more than the break down of a relationship for in loco to be awarded.

    In short, your portion will not be reduced because of a new partner. Would you be in agreement for your CS and portion going up if/when you get a new partner? I assume not, so it works both ways

    Comment


    • #3
      Originally posted by shellshocked22 View Post
      So here is the quick summary....

      Ex has the children most of the time - I only have EOW visits. Ex has been common-law with new partner for roughly 6 years.

      It appears that the "usual" guideline for when a child goes to post secondary out of town is....

      -child responsible for 33% of costs
      -remaining 67% split between the two parents proportionate to their incomes
      -"income" includes the recipient's spousal support.
      -normal child support stops when the child is out of town at school

      Question: IF my ex and the common law spouse split up, my understanding is that there is a good chance the ex could go after child support (in addition to my payments of CS) due to the "in loco parentis" guideline. I know it's not a slam dunk but it doesn't seem to take much to initiate it.

      So, using that logic, even if they stay together, does the common - law spouse's income come into play (ie. added to my ex spouse's income) for working out the proportion of post secondary section 7 expenses I need to pay ?

      Thanks for any feedback in advance......


      Nope

      You should also consider that the grants and tax deduction come off the top of the cost. Kid should be applying for OSAP if in Ontario so they get the tuition grant. Those are at least $500 and could go as high as $3000 knocking a big chunk off the cost.

      Comment


      • #4
        Personally I think the Canadian laws regarding spousal and child support guidelines are anything but fair for the higher wage earner and rarely would pass the common sense test in many cases.

        I simply was wondering that since the ex could potentially attack the common law spouse for "in loco parentis" child support if they broke up if a similar logic would render the common law spouse responsible for a share of Section 7 expenses.

        Your question of "do I think its fair", with all due respect, is irrelevant since frankly I think the entire system is corrupt and unfair lol.

        I wouldn't be surprised if you're correct, I just wanted to see if the situation would have an impact on my Section 7 expenses.

        Comment


        • #5
          Thanks Rockscan - at least that's a little bit of good news lol

          Comment


          • #6
            Just because they go after the spouse doesn’t mean they would win. In all likelihood they would simply rack up a high legal bill.

            I resent the idea that partners like me should have to contribute to a kids school expenses by having my income included. I make significantly more money than my spouse and more than his ex. Ive known his kids for four years and they’ve treated the two of us like crap. My partner meets his obligations and his ex demands more. If she came after me for my money that I have earned thanks to my career growth before meeting the man she threw away I would be going after her full throttle. So no, don’t even consider your ex’s spouse. This is your shared child, no one else’s.

            Comment

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