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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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  #11  
Old 03-24-2010, 04:04 PM
Foredeck Foredeck is offline
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Originally Posted by billm View Post
I suppose the issue is if the child intends to return home.

Most parents don't down size the moment the child leaves for university, but mostly after they graduate. So maintaining the home for the child is still normal even if they live away from home most of the year. Also, clothing and other non house related expenses still exist. Also what about food and daily expenses (other than housing) for the child while at school - that should fall under CS.

So really when a child goes away, CS should probably not be reduced BUT the parent receiving the child support should pay for all food, clothing, and other daily non school related expenses. In the case of shared custody affecting CS, you would split those expense accordingly.

I am in the process of writing up my agreement for these kinds of things (how to end CS and deal with post secondary - current CS/SS/Property already done) so I am thinking a lot about this.
I tried to put in the agreement that CS ends when she graduates from high school, not sure if she'll accept it. I did not mention it, so she should just read over it and ignore it. Hopefully.

I think the food, clothing and all other normal expenses, that are incurred while at university would be post-secondary expenses and not regular expenses. So, they would not be part of the CS.

If she lives on campus, she would visit either parents less then 40% of the time. She'd be 80% independent and 10% with each parent, so neither parent would hit the threshold to be considered custodial parent.

I'm probably over thinking this, and most judges would probably rule against me. I don't mind paying the amount, I would just hate for my ex to pocket the money and I end up having to pay for most of the education anyways.
  #12  
Old 03-24-2010, 04:52 PM
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easy way to make sure ex doesnt pocket the money give directly to your child instead.......chld is adult @ 18 years old and your ex has no say then......give child cheques or direct transfers to bank account......avoid ex and confrontation thats all
  #13  
Old 03-24-2010, 06:01 PM
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easy way to make sure ex doesnt pocket the money give directly to your child instead.......chld is adult @ 18 years old and your ex has no say then......give child cheques or direct transfers to bank account......avoid ex and confrontation thats all
Can you legally do this? Meaning if it went to court would the CS be considered paid? I would worry about that.

Anyway, the CS is to be used to maintain the custodial parents home, so I don't see this as a reasonable option.
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Old 03-24-2010, 06:29 PM
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If you word it into the separation agreement that you agree to support the child directly after age 18 if she is in post-sec, then the courts would probably be okay with that.

The courts wont support an agreement that says you don't pay anything. They won't support an agreement that doesn't take care of the child's needs. If the agreement is clear that the child's needs will be met, then it should stand up.

Maybe it would say that CS will be paid directly to child after age 18 if she is in school. Then she can pay rent to her mum, or move out, her choice. The courts would be good with that if it was challenged, your ex should be ok with it if she is being fair and honest. If she is being controlling, she will reject it, but that will tell you a lot about where this is going.
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Old 03-24-2010, 09:58 PM
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you are responsible for half tuition, half living expenses, etc.......
I don't mean to wade in on this but how can that be when many kids in university don't receive this support from parents who are still together?

I paid everything myself for example and while that wasn't fun, that was the only choice.
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Old 03-24-2010, 10:33 PM
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Wade right in, it's an open forum. A lot of us ask this question and there's no answer. That's how it works though.
  #17  
Old 03-25-2010, 07:42 AM
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Anyway, the CS is to be used to maintain the custodial parents home, so I don't see this as a reasonable option.
The CS is set up to maintain the custodial home and all regular expenses related to the child.

However, the child no longer lives in the house, therefore, there is no extra food consumed, no extra electricity (shower, hair blower, tv, etc.), no extra gas in car for taxi service, etc..

So, a bedroom has to be maintained, but that is the only thing. In my case, the difference between a 3 bedroom duplex and a 2 bedroom duplex is about 80$, so should I be able to argue that the only child related expense she incurs is 80$ per month, and only half of it because I have the same expense since we're shared custody.
  #18  
Old 03-25-2010, 08:31 AM
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Here's where you will run into trouble. CS is paid according to your income, not according to the other parent's expenses. So it doesn't matter that you can show that she only has $40 of expenses per month.

The issue to the courts is, does an NCP (or paying parent in Shared Parenting) still have to pay CS to cover maintainence of housing while a child is away at university. They answer they have come up with is "Yes." Therefore it will be based on income, not expenses.

I'm not saying this "right", but it's what the courts have to work with, considering the wording of the law. I could be wrong here and some judge has made a wise precedent, but I haven't read of this anywhere.

In a shared parenting situation, I think you have an interesting arguement that neither of you really has more than 10% or so access, so maybe neither should pay. But this would be a new ruling AFAIK, it's never been tested. A lot of situations with Shared Parenting haven't been tested yet.

IMHO if you are writing up a separation agreement and looking forward, the simplest way to word it is to pay the support directly to the child and let them cover their own expense after 18, paying rent to the parents if necessary. This is fair, it's clear and won't come into question down the road, and most important it fullfills the spirit and intent of shared parenting. You are both equal partners and there just a difference in income on one side, otherwise there your roles are equivalent.
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Old 03-25-2010, 09:48 AM
phoenix phoenix is offline
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Originally Posted by littleman View Post
you are responsible for half tuition, half living expenses, etc.......
Not necessarily. I tried to get $$ help from my ex for my son who was in university and the judge shot it down. He said if my son needs financial help he can apply for OSAP like other students in need.
  #20  
Old 03-25-2010, 10:32 AM
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Originally Posted by littleman View Post
easy way to make sure ex doesnt pocket the money give directly to your child instead.......chld is adult @ 18 years old and your ex has no say then......give child cheques or direct transfers to bank account......avoid ex and confrontation thats all
If the FRO is handling the payments, a non-custodial parent can't simply 'decide' to do this.

My child is away a university and thank goodness the child support is still being paid... that money and my own is going to help cover my child's room & board, groceries, etc. I agree, I don't need it for my house here (even though the law would support that) so I am using it to help him. I document everything because it wouldn't surprise me if my ex tried to raise a fuss over the payments.

Mind you my ex fully believes that child support should stop at 16 years old. That's the age a teenager can get a job, and he thinks that's what they should do. Sheesh. Thank goodness for laws and for the FRO.
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