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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 09-22-2010, 07:04 PM
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Originally Posted by InterprovincialParents View Post

That is why being involved with the child and the school is so important to the payor parents.
Children too!
  #12  
Old 09-22-2010, 07:06 PM
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Children too!
From my perspective, the children are always a given
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Old 09-22-2010, 07:48 PM
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According to CLEO's (Community Legal Education Ontario) website:

Child support must be paid as long as a child remains dependent. A dependent child is any child under the age of 18, unless:

the child has married, or
the child is 16 years of age or over and has voluntarily withdrawn from parental control.

Child support might also continue after a child turns 18 years of age if the child is unable to be self-supporting because he or she:

has a disability or illness, or
is still going to school full-time

Even if the child is not living at home while going to school, as long as the child’s primary residence is with the parent with custody, the parent without custody might have to continue to pay child support. This usually continues until the child turns 22 years of age or gets one post-secondary degree or diploma. In some circumstances, a judge might order support to continue even longer.

When deciding how much support should be paid for a child who is 18 years of age or older, the judge will take into account any earnings or income the child receives from other sources.
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Old 09-22-2010, 07:51 PM
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Which leads me to ask: What if there is a substantial RESP savings at the time the child turns 18 or when he goes to post-secondary school, does this warrant a reduction in child support, assuming the non-custodial parent is the one saving the RESP?
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Old 09-22-2010, 07:55 PM
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yes, it does come into play, as it then counts as income for the child
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Old 09-22-2010, 08:00 PM
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Also if the child works can play a role in how much support you pay, as well as the cost if the schooling.

It is possible that you may end up contributing to tuition as well as support. But it is also possible that you end up lowering your support if the child earns money too. Lots of this is under a judge's discretion, and is based on need.
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Old 09-22-2010, 10:01 PM
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What happens if the child lives at home, after age 18, had crappy marks in school (because the guardian parent didn't give a crap about education) and decides not to get a job and decides to live off my support payments? This is the road my daughter is going down ... her school grades are barely passing marks, she will be lucky to get a diploma. I'm starting to see an image of me paying for a "free-loader" off of her father? Any ideas?
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Old 09-22-2010, 10:29 PM
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The proceedure you would follow would be a motion to vary, not a material change. A Motion to vary includes to end support where a material change is just that... one or the other has had a change in your income and you are requesting that the support just be adjusted.

In your motion to vary you should list the childrens birthdates, a copy of your divorce agreement, any school records that you can get of post secondary and if none state what the children have been doing after thier 18th birthday because you only owe child support until 3 consecutive years of post secondary education. This is stated in the family law rules. Time the motion for two points , 1 after she turns 18 and do so when she is in school ie all pst secondary has started by mid sept and then there would be no problen to produce enrollment records if in fact this child is in school.

This next part is a judgement call that you have to make for yourself. You have to decide to stop payments once you know she has turned 18. I say this from my experience in that I stopped the payments 18 months later. FRO placed me in arrears BUT you MUST notify FRO immediately that you are going for a motion to vary. They should put a stay while you proceed and wait for the order to cease. For those 18 months I have overpaid and to this day FRO has refused to refund that money to me they claim that I have to sue the recipient. So that is half of what I am currently doing. These arrears accumulated after the last turned 18. A year ago the courts gave me an order that FRO had no jurisdiction to presue the arrears as the court said there were none.
Now there has also been comment in this thread about Global orders. My advice to anyone is to make sure that in fact you have this as a condition. In my case FRO tried to used this as means to continue to persue me for the last 8 years. Seems there is a great debate on that point. several lawyers that I have spoke with have said it is not a global order and that this has not been a standard practice for over 14 years. seek a lawyers opinion if you feel this may be so. It may be worded such that the meaning is unclear and ambiguous. (mine was clear) An order should state clearly what condition are to be met to end support ie 18, self supportive post secondary. I had 6 in mine and the only one that was not met was the child dies. Why they tried to claim was that 4 years after my divorce the ex had the amount changed from 100/child/month to 500 a month. FRO claims that this made it a global order and the lawyers say no. So now I am arguing in my civil case that this is the case and that my overpayment is in fact 10 times higher than what FRO figures they may owe me. Bottom line on this one is that FRO will attempt to use that as an arguement to continue and you may not have such. ask to be sure.

As many points have been raised that parallel my case Tomorrow I will post what the Judge had to say. For some I think it will be valuable.

Constitution1 & AtALoss

Last edited by AtALoss; 09-22-2010 at 10:48 PM. Reason: correction
  #19  
Old 09-22-2010, 10:45 PM
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Quote:
Originally Posted by rwm1273 View Post
Some orders are a "global order" which means that the support is to be paid until all children are considered "not to be children of the marriage"

You may have had 2 children 10 yrs apart. First child moved out at 16 and got married, and second child went to university to become a doctor.

You will be paying support for both children until the second is 24 yrs old, and the first child is 34 and a grand parent of their own.

And yes you can request confirmation that the child is registered in full time education.
one last thought.... when there is a condition of post secondary it means only one shot at post secondary it is not intened to continue until the child gets multiple degrees or hope around various programs. the family law rules clearly state to a maximum of 4 consecutive years... no more. In the case of a global order it means until the youngest turns 18or add on those four years thats it. By no means should it be continuing until they are well past thier mid twenties.

Support for a disabled child can also terminate if they have proven income. Work or a disability pension would constitute income.
  #20  
Old 09-22-2010, 10:53 PM
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Problem is the courts often let the floundering child drag the school issue on and on. It is often more expensive to try to argue the point than it is to just pay the support, and I think that is often the game played by the lawyers and judges.

My advise is to not argue with the other parent or child, and try to get the child a job.

If the child does not continue back to school, and gets a job, then go to court. But the other side will try to claim that the child is going to upgrade, and then get the support to continue.

If the child is working, then your support should be dropped.
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