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

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Old 02-01-2012, 11:11 AM
426 426 is offline
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Default In the Dark on Secondary School status

I have been separated since January 2004 and divorced since 2007. I entered into an agreement, which pays my wife $1400 monthly for Spousal Support (based on $95K in 2006) and currently $1103 for Child Support (based on last years earnings). I plan on having the Spousal Support revisited as per order when I am finished paying Child Support.

I have one adult child currently attending a College. She has lived away from home since 2008 (has never returned to her moms home) but we have not changed the CS conditions ie: Adult Child at school. I am confident the full amount gets to her for her condo payment. I have always paid half the tuition and books with the remainder paid by her and her mother.

The difficulty I have here is the fact I am being stone walled by the pair. My daughter was supposed to graduate in the spring of 2012 but has advised that will not happen now. She will not give me any information on her plans or completion date for her course. She has already completed one session of summer classes so I certainly can live with another session, continuing to pay till the end of this summer however I am getting zero information. Her mother is very upset right now and refuses to co-operate. Tell you the truth I am confident she knows nothing of her daughter’s education progress or future plans.

What are my rights in this situation? How can I get the information I need to make an informed decision?
Old 02-01-2012, 12:18 PM
Berner_Faith Berner_Faith is offline
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How long has the daughter been in school for? Has she fully completed any post secondary schooling? If she has dropped out, or failed out the CS would stop...

I would send a request via email stating that you need to receive confirmation of her enrollment in school, if you do not receive this by X date then you will be filing a motion with the court to have CS terminated, and at the same time you will be revisiting the spousal support issue.

You are not responsible for paying for an adult child that has failed or dropped out of school...even if she "plans" on going back, request an enrollment/acceptance letter. If they do not provided simply file the motion to have CS terminated.
Old 02-01-2012, 12:35 PM
426 426 is offline
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Thanks for the response

No secondary schooling completed thus far. This is her second course. Originally she dropped out of a two year program in year one (after first term actually) and both her and her mom failed to tell me. Honestly I would not have been to upset. I continued to pay CS while she lived in Toronto and in 2009 she enrolled in a three year program, has already taken one summer session and advised she will not be completed by the spring of 2012. I am getting zero traction on her graduation plans.

I just sent an e-mail to both parties stating my position and hinting at future court proceedings.
Old 02-01-2012, 06:46 PM
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May_May May_May is offline
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426-I wouldn't 'hint'. Come straight out with facts and questions only. Then you will be able to use this as well if you do have to go to court, or file a motion. It should be very clear and precise what you are asking for...otherwise it could be subject to interpretation, and your ex could say it was unclear.

$1,400 for SS as well ? can't your ex work-perhaps it should be revisited and have SS re-visited minus what she could be earning if she was working. (I'm a 'she' and I work, and wouldn't expect my ex to pay me for SS-even though he's put forward that I subsidize him with SS !)
Old 02-02-2012, 10:12 AM
Pilgrim11 Pilgrim11 is offline
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You need to find out if she is in full-time attendance in post-secondary education. If she is a part-time student, you may not be responsible for educational expenses. Check wih a lawyer.
Old 02-02-2012, 10:04 PM
426 426 is offline
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Good advice about being specific and I have passed it on. I will see answers soon or file the required paperwork. I don't want to do this and am hurt about being kept in the dark.

I appreciate your mindset May-May but the $1,400 I pay for SS is for my ex who had and continues to have full time office manager job. Her salary was less than half of mine at the time of divorce. Se truly believs it to be life long support. We have an opening/review clause since that I have been putting off untill my daughter concludes her education. I did not want to see her suffer if her moms SS was reduced.

What I worry about is her being awarded more money without an end date. This was a 17-18 year relationship which I am hoping will be calculated at 1 year of support for every 2 years of marriage. 2013 will mark that 9-10 year time frame. I am also hoping to have her present SS or any future amounts calculated from the earlier lower earning years of 2005-06 and 07.

Any input on whats happening in the real world. Why should my ex profit on my higher salary years after the divorce?

PS. I plan on representing myself as lawyers have taken far to much in the past.
Old 02-03-2012, 12:39 AM
tenacious199 tenacious199 is offline
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As long as you are paying, you are entitled to know what the young adults status is in school in terms of marks, registration, probation, etc. You may request this information formally by either going to court or requesting it in writing to the college/university that the young adult is attending. Kudos to you though for supporting their education. Hopefully they will help put you in a "nice" nursing home in the future
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