arbortrail22
Member
Another item to note is that imputing income is a triable issue. Unless you agree to higher income on consent, imputing income would happen in a trial. Thats a very long way away....
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Gap year.
- Thread starter jbrian
- Start date
StillPaying
Member
A judge can impute income at a conference, motion or trial - no agreement required.
UPDATE!!
DRC a success! OP settled and an agreement was reached. Signed off by both parties, witnesses , DRO,and then passed to judge who signed it by 4pm!
First half we dealt with the issue of S7 expenses and disclosure. ALL receipts are to be provided to the parents from the child who can access an itemized list from their student account, typically the recipient parent is the one to provide this detailed info to other parent and prior in advance of each semester. Residence, tuition, meal plans, books on a 1/3 basis. Incidentals charged directly by the university also 1/3. For those self repping be cautious of what the OP or child states as an incidental. Make this clear in your agreement, if not you open yourself up to more stress landing you back in court when other parents starts to ask you for costs for anything that they consider to be an incidental...room supplies, meals not included in meal plan, extra wifi data top up on cell phone to access school account, whatever they can think of. DRO stated many times that the child is to contribute 1/3 and the parents assume 1/3 of the costs also. Unless the child comes from an extreme wealthy family where the parents. The child is required to work, apply for grants, bursaries, take out OSAP, however they do it the must contribute 1/3. Same goes to parents, there was no proportionate to income unless one of the parents earned considerably more than the other. DRO said it had to be by 100s of thousands to change that. In my case OP refused mediation and to adjust support to reflect child's change in circumstance which resulted with me ending up in arrears with FRO.. Due to the threat of enforcements I paid as much as I could and entered into a VAPS so I wouldn't lose my DL. When the time child was not in school and when they were living at residence and what I should have been paying was worked out , an overpayment was shown. OP tried to hang on to these arrears for dear life but after the 1/3 of S7 expenses was settled the support had to reflect the current circumstances of the child. I provided all financial disclosure and there was no avoiding the updated support.For the arrears other parent agreed I was not pay them and I agreed not to pursue overpayments. This process should be painless and parents need to communicate. You cannot avoid a resolution or make bogus claims without proof. The court will not entertain assumptions and feelings. You will end up in court one way or another where you are ordered to provide full financial disclosure and they will make the decision for you. If you are the parent avoiding resolution or refusing to provide disclosure nothing will go in your favour. What I learned was this was such a terrible experience, it was a waste of time, waste of money legal fees, emotional stress, took so much time away from my day to day life since I was in constant stress, worry. Always waiting, it is such a long process. All because the other parent was motivated to keep collecting support. It put a strain on my relationship with my child. OP involved her in discussions telling my child I took mom to court because I did not want to help pay for school or support. Completely false. The outcome would have been the same whether we did it 2 years ago or present. However the OP did get their way as I was completely emotionally drained and did not have the energy to go after costs and the overpayments. The situation I was in was not in the best interests of our child who should not be stressed by being in the middle of this situation. Just do your best to communicate with the OP and be reasonable. Love your child more the you hate your ex! Read that again and read it one more time. Good Luck!!
DRC a success! OP settled and an agreement was reached. Signed off by both parties, witnesses , DRO,and then passed to judge who signed it by 4pm!
First half we dealt with the issue of S7 expenses and disclosure. ALL receipts are to be provided to the parents from the child who can access an itemized list from their student account, typically the recipient parent is the one to provide this detailed info to other parent and prior in advance of each semester. Residence, tuition, meal plans, books on a 1/3 basis. Incidentals charged directly by the university also 1/3. For those self repping be cautious of what the OP or child states as an incidental. Make this clear in your agreement, if not you open yourself up to more stress landing you back in court when other parents starts to ask you for costs for anything that they consider to be an incidental...room supplies, meals not included in meal plan, extra wifi data top up on cell phone to access school account, whatever they can think of. DRO stated many times that the child is to contribute 1/3 and the parents assume 1/3 of the costs also. Unless the child comes from an extreme wealthy family where the parents. The child is required to work, apply for grants, bursaries, take out OSAP, however they do it the must contribute 1/3. Same goes to parents, there was no proportionate to income unless one of the parents earned considerably more than the other. DRO said it had to be by 100s of thousands to change that. In my case OP refused mediation and to adjust support to reflect child's change in circumstance which resulted with me ending up in arrears with FRO.. Due to the threat of enforcements I paid as much as I could and entered into a VAPS so I wouldn't lose my DL. When the time child was not in school and when they were living at residence and what I should have been paying was worked out , an overpayment was shown. OP tried to hang on to these arrears for dear life but after the 1/3 of S7 expenses was settled the support had to reflect the current circumstances of the child. I provided all financial disclosure and there was no avoiding the updated support.For the arrears other parent agreed I was not pay them and I agreed not to pursue overpayments. This process should be painless and parents need to communicate. You cannot avoid a resolution or make bogus claims without proof. The court will not entertain assumptions and feelings. You will end up in court one way or another where you are ordered to provide full financial disclosure and they will make the decision for you. If you are the parent avoiding resolution or refusing to provide disclosure nothing will go in your favour. What I learned was this was such a terrible experience, it was a waste of time, waste of money legal fees, emotional stress, took so much time away from my day to day life since I was in constant stress, worry. Always waiting, it is such a long process. All because the other parent was motivated to keep collecting support. It put a strain on my relationship with my child. OP involved her in discussions telling my child I took mom to court because I did not want to help pay for school or support. Completely false. The outcome would have been the same whether we did it 2 years ago or present. However the OP did get their way as I was completely emotionally drained and did not have the energy to go after costs and the overpayments. The situation I was in was not in the best interests of our child who should not be stressed by being in the middle of this situation. Just do your best to communicate with the OP and be reasonable. Love your child more the you hate your ex! Read that again and read it one more time. Good Luck!!
Also I have to add. I paid first years fees based off text from ex who told me what it was. She still to this day hasn’t provided the receipts for first year. I assume it’s more than 1/3 since she wanted me to pay for half of fees. DRO didn’t like that… I will probably never see those receipts and I am ok with that. Moving forward not backwards. Going forward I do not have to pay without a receipt or invoice.