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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 08-11-2009, 07:20 AM
peter41 peter41 is offline
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Default question about child support

If an adult child has left home to go to college and child support was terminated and if the adult child returns home after one year could child support be reinstated if there is anyone out there whom can answer this please help thankyou
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Old 08-11-2009, 10:19 AM
billiechic billiechic is offline
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If they are over the age of majority, I doubt it. But child support probably should have continued while the child was in school.
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Old 08-21-2009, 03:58 PM
Bbgirl Bbgirl is offline
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My husbands agreement is... as long as the child(ren) lives with their mother in her house & attends school(college, university) he pays CS. There is no age rule other...they could be 30 & doesn't matter. But once the move out of the home CS stops.
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Old 08-22-2009, 07:32 AM
babybluetigger babybluetigger is offline
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If the child was attending full time college, CS should have continued. 'Mom' maintains the home for them, while they attend school 'away' and reside elsewhere, therefore, the child is still considered to be a child of the marriage. If your child returns home after one year and is no longer attending full time school, CS cannot be re-instated. If they are simply home for the summer & returning to school, living 'away', it could very well be re-instated, for CS is for the benefit of the child and you are required to pay CS until they attain they first college/univ degree. Courts see it that sometimes it is necessary for the child to live elsewhere, depending on where they attend school, but mom still has costs to maintain their home til they return.
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Old 08-22-2009, 05:18 PM
Stargate Stargate is offline
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From what I have read child support continues beyond age 18 ONLY if the child attends post secondary education. If the child no longer attends post secondary school and still lives at home you are not responsible to pay child support. That obligations ends at age 18.
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Old 08-22-2009, 05:47 PM
Divorce in ON $1B A Year Divorce in ON $1B A Year is offline
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Default Here is what the Judge told me....

For the purposes of CS child "can be considered a Child of The Marriage until 25". Enrollment in school is only one factor there are others that deal with need for support. One university degree rule is a myth. Child can enroll in one program fail and start all over in another school/program after a gap and CS will continue. CS can also be reinstated after being terminated due to leaving school or other reasons. There are cases that have issue ruling on the subject.

It really depends on the court (jurisdiction) and the Justice hearing the case - rulings have been all over the map!
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Old 08-24-2009, 02:43 PM
got2bkid got2bkid is offline
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babybluetigger said "If they are simply home for the summer & returning to school, living 'away', it could very well be re-instated, for CS is for the benefit of the child and you are required to pay CS until they attain they first college/univ degree. Courts see it that sometimes it is necessary for the child to live elsewhere, depending on where they attend school, but mom still has costs
to maintain their home til they return."

I would argue that as the non-custodial parent you have also been "maintaining a home for the child for weekends, visitation and often summers" for 18+ years without a dime of compensation from the custodial parent" You have been maintaining a home in the exact manner the custodial parent is now claiming to need child support for, for a child that lives elsewhere, but comes home for visits, weekends, summers etc.

Child support should now go the the adult child for attending university, NOT to the mother for "miantaining the home" for visits. This is a double standard that NCP's must fight against and NOT agree just with because we are told "that is the way it is". Every NCP should argue their case on this point, because it is financially impossible for most NCP's to now, when the child is an ADULT, to pay for their university AND keep paying the custodial parent child support for a child that no longer lives there.
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Old 08-24-2009, 03:38 PM
babybluetigger babybluetigger is offline
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Default question about child support additional response

To clarify a little more, to my understanding, if the child lives 'away' while attending college/univ, the NCP isn't responsible for the entire cost of tuition plus child support. CS is generally reduced if the child attends school & lives away from home. Then tuition is split in such a manner. Child attributes as much as possible, grants, bursaries, etc, then regarding tuition, parents split the remaining cost, in accordance with their income level, split on an income ratio. Perhaps that clarifies a little better. And it all depends on your income and financial status, affordabiility etc. Many more factors to consider, especially with regard to tuition payments. However, CS would be reduced, since the cost of living 'away' from home would have to be considered for all. Yes, sometimes it seems totally unaffordable for all! I do agree. What's sad is this type of payment is only mandatory for couples who have separated, while children of parents still married & living together, generally pay this themselves. These children are also able, however, to file for an application of support against their parents, to have them help contribute to their schooling costs. But that is never mandatory. Strange, one sided world isn't it!
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