Child attending Post-Secondary

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Findingpeace

New member
Until this summer our son was living with my Ex. Ex has "sole" custody. He has since moved to live with me and attend college full-time. My question: My Ex still has custody of our other child who lives with him full-time but since our son has moved to live with me, am I still required to make support payments if I have one child and they have the other? Would he not have to pay me since I make approx. 40K and he makes about 70K? :confused:
 
I don't think it would be offset, that applies when the children spent not less than 40% of their time with each parent. From what the OP says, I think it would be split custody. If you have a situation where one child is living full-time with one parent and another child is living full-time with the other, you have a situation of de facto split custody.

As far as I know, there is no hard and fast rule about how to calculate child support in split custody situations, unlike table support when one parent has the kids all or almost all the time, or offset where the both kids reside equally with both parents. I've heard of several different ways of calculating CS for split custody. Some other posters may be able to say what they've done.
 
Sorry Stripes, you are incorrect. A complete analysis can be read in Contino vs. Contino, which deals with Shared Custody, but makes a comparison to case law for Split Custody.

This is Section 8 of the Child Support Guidelines, termed "Split Custody."

Child Support Guidelines Section 8

Split custody
8. Where each parent or spouse has custody of one or more children, the amount of an order for the support of a child is the difference between the amount that each parent or spouse would otherwise pay if such an order were sought against each of the parents or spouses. O. Reg. 391/97, s. 8.
Click to expand...

This is the exact setoff method, and it is a strict formula. (Shared parenting is not a strict setoff formula, despite what many believe.)

Findingpeace, you would take the Guideline amount for one child according your income, the Guideline amount for one child according to your ex's income, and subtract the two. The higher earner would pay the difference.
 
Thanks for the advice above. It was a great help!

One other further question, when a child is 18 and attending post secondary school full-time, does the child support guidelines still apply in regards to the child support payments? My Ex says his Lawyer told him now that he is an adult, the guidelines do not apply. He is taking what our child's "monthly cost of living" is and paying only the % necessary each month. Is this correct?
 
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