CS for a child that no longer lives at home.

M

Majin

New member
Hello. I have a question (or two) about paying CS in regards to this situation. My ex and I don't have an agreement in place for child support but i have always paid when my daughter finished high school, my ex informed me that our education fund did not cover our daughter's first year of PS education. She calculated the amount that the daughter would require for university including tuition, books, transportation to and from school and rent/accommodations. The rent/accommodations cost was for my daughter to live in the city with her grandparents and not her mother. I paid my part and assume she paid her part. I also continued to pay CS on top of that. My daughter informed me that her mother had not given her any of the CS money and was using that money to pay "past debts". My daughter is now finishing up with her school year and plans to move into an apartment with a friend at the end of the summer when she saves up money from work. She also will receive the full amount of the education fund that is to cover her 3 remaining years at university. My ex wants me to still provide CS cheques.

Am I within my right to say no?

Am I required to pay any CS payments now that my daughter hasnt lived with her mom since aug of 2014?

Im not a bad dad or anything, I will (if im allowed) pay my daughter the support payments directly, but also wonder if I am doing that, is the mother required to pay anything?

Thanks in advance.
 
Is there an order for support? That she could file with FRO or MEP?

While shes living at home this summer you owe full table support. You may be required to pay a smaller amount to your ex to keep the residence for your daughter to come back to over holidays etc.

Were you provided receipts or other proof of school expenses? Will your daughter be amenable to working directly with you?
 
No order for support outside of our divorce papers and an agreement stating that I was to pay 250 a month. ( 15 years ago) My daughter will not be living at her mom's residence ever again.

I do not have proof of payment for the expenses that the mom had listed.
 
Ok she can probably file that agreement with a maintenance agency if you live in Ontario or Alberta. So keep that in mind.

This is just information NOT advice.

Post secondary costs and CS are subject to legislation on how its paid by both parents but its also subject to a judges' discretion. For the most part, the "rule" is the child makes a reasonable contribution and the parents share the remainder of the expense. In most cases thats 1/3 to the kid and the remaining 2/3 subject to the % of section 7 expenses. (Your income + ex income/your income gives you your %). When a child goes away to school, CS either stops or a small amount of money is paid to "maintain a home for kid to return to". You shouldnt be paying any expenses if you arent getting proof of the expense.

You have a problem though. Have you updated CS during the last 15 years? Probably not. You need to go back over the last five years and calculate your annual income and what the proper amount of CS should have been. Look at that total compared to what you paid this past year.

You could tell your ex youre stopping CS immediately and will be working with your kid going forward for school expenses and paying her the $250 directly. Your ex is responsible for a share of the costs too. The education fund would either reduce the parents portion of the expense (if the two of you put the money in it) or it could be considered your kids portion of the expense.

But thats just my thoughts, others may think differently. Im going on my knowledge of PS expenses and research Ive done.
 
Probably not a big deal. If you need to make a motion to end the support, and she makes a cross motion to ask for all the retro CS she has missed, she would only ever be entitled to the arrears due since she filed her paperwork. Not to mention she would have to argue "need" since she never complained about it before and accepted the amount you provided without complaint.

MEP wouldn't really help your ex much. If she filed the old agreement with them, you could simply inform them the daughter doesn't live there anymore and then they would investigate and require further proof before collecting.

But yes, CS is normally still due while the child is away at school to maintain their home, in addition to educational costs. However if she has finished her degree/diploma and is over the age of 18 she is normally no longer a child of the marriage.
 
She had moved out last september and has not/will not be moving back with her mom either for the summer or any time after. I don't think she can argue that money is required to maintain their home however since my daughter is not "away". No agreements had been set up with MEP.
 
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