Child Support

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momiss

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My daughter is going to college.. away from my home. Child support has been paid to me. X is telling me his lawyer wants my T4 statement, without any explanation why. I presume he wants support to change. I told him to I need his lawyer to tell me what he wants it for, and when I get that information, I will let my lawyer look at it.
We cannot talk about anything... will he be able to decrease the support?
Thanks
 
Once a child turns 18, both parents incomes are taken into consideration when calculating child support.

Your ex is within his legal rights to request your T4.
 
Best to get along...because support stops when the child goes away to school and is re-dierected to the childs needs on a proportional bases...if the child comes home support re-establishes......also your ex is allowed a proportionn of taxes cliamed for school......your ex needs to know about OSAP loans...childs income...budgets...grants and bursaries.....it's easier to face facts and to get along, ...if not your going to be faced with over support repayment and perhaps costs if the matter ends up in court...lawyers are not cheap....and paying for 2 lawyers is really painful.....if you were in contact with your lawyer you'd understand the position your already in, get this fixed fast before before the other side makes you look unreasonable...regards
 
Mark1968 said:
Once a child turns 18, both parents incomes are taken into consideration when calculating child support.

Your ex is within his legal rights to request your T4.
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This is not true.

MrToronto explains it better, but what MrToronto says is also not true. Child support does not stop when the child goes away to school, though it can be lowered during that time.

Generally, you are required to pay for a portion of school in proportion to your income, so your ex needs to know your income.

Assuming your ex has been sharing his income information with you, I don't see why you would not tell your ex the truth and show your T4 - hiding information that he is sharing with you seems like you are being difficult, even if you don't know exactly why (though it is reasonable to ask I suppose).
 
I believe that there is confusion with CS and s.7 expenses. Best to investigate it on line. About Child Support in Canada
If there is SS, CS or s.7 involved in any divorce case--full disclosure is not an option and each person has the right to request it and an obligation to provide it, it's the law and will be court ordered, so save yourself some money and disclose.
 
Child support does not stop once the child turns 18 and/or goes away to college. It stays the same until the child is no longer deemed a "child of marriage". This either when they turn 18 AND are no longer registered in school FULL TIME.

Your kid is going to college. Your ex likely wants your Notice of Assessment to determine his proportional share of the costs of school, which they are entitled to know. The way s7 works for post secondary education is that the child is supposed to pay 1/3 of their education. The parents then split the other 2/3's proportional to income.

That is likely the issue. He has likely been sent a bill and told to pay it, went to a lawyer who advised him that he only has to pay his proportional share of s7 expenses and thus needs your income info.
 
He gave me his T4... In the sep agreement signed Jan 2012.. The lawyer and X added on extra income due to having his own business. I make maybe a few thousand more than last year. So you all think just pass my T4 to him in good faith? Can he decrease support because my daughter moved in with me in Mar.? Also he is now living with someone... know her income doesn't mean anything but cost of living for him is better because of shared bills. I'm having a hard time keeping everything paid even school for my daughter, plus additional costs for preparing her to go to school. She also doesn't have a job. Our son (extemely ADHD son) who is 20 lives with me as well and works full time for dad.. paying me 300. a month to help with food.
In regards to money he is cheap, cheap, cheap. Won't negotiate with me directly in good faith himself. I really can't afford a lawyer either. Currently pays me 680. a month and pays 60 percent of school expenses. Refused to pay me extra child support for 2 months because he said he doesn't remember when daughter moved in with me. So what could happen is a decrease in child support, and me having to pay more than the 40 percent of her school costs. Wow this is soo stressful. Would it make sense for both to fill out the form showing our costs of living???? Would it be best to ask him to stop paying child support until he tells me what's up?
 
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Once a child turns 18, both parents incomes are taken into consideration when calculating child support.
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This is not the law in Ontario.

because support stops when the child goes away to school and is re-dierected to the childs needs on a proportional bases
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Not exactly, although there is usually flexibility at this time.

The way s7 works for post secondary education is that the child is supposed to pay 1/3 of their education. The parents then split the other 2/3's proportional to income.
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While this has gained ground in recent case law I would caution against relying on it.

Excellent posts by billm and HammerDad.
 
I think you are overthinking things at this point. The situation is likely what Hammerdad has described. So he provided you with his financial information in Jan this year. Did you provide him with yours at the same time? Or when was the last time the two of you exchanged financial information?

If it's been at least a year since you last provided/exchanged your financial information to/with your ex, then it's not unreasonable for him to request it from you (it's his right and mandated by law) and it's your obligation to provide it to him when requested, especially if he's paying table/agreed/ordered child support and also shares in a portion of the S7 expenses.
 
Okay thankyou.. will give it to him and wait and see what comes.
Its been a year since we exchanged financial infor. Better to do this now before I have to pay him money back.
 
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If your daughter lives with you (as in her residential address is your home address) AND she is registered in full time school, whether or not she lives with you while going to school, he is obligated to pay you the guideline amount of c/s.

If your sons is 20 and not registered in school, there is no obligation to pay c/s. He is an adult.

C/S has nothing to do with what you make unless you have shared custody (ie. the kid lives with both you and him at least 60/40), at which you would go by the offset method. But it doesn't sound like that is the case.

What this likely is in regards to is s7 expenses, specifically, your daughters school. They likely want to know the right proportional amount you both should be paying towards her schooling.

You income is irrelevent for anything else outside of determining each parents proportional share. He cannot reduce c/s because you made more money unless you are sharing custody.
 
Okay that's reassuring and thanks very much. I just hope he's not trying to fight what he said he would add to his income because of owning a business... cash under the table etc.
 
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