Nothing written in agreement. The lawyer said that there wasn't a need for it as it is understood how post secondary is treated regarding CS.
Understood possibly by the courts but, not by the parents. That is the problem generally.
Child not residing with you. You don't get CS.
Child is residing with you there is a possibility of getting CS (dependent on a number of factors).
CS for a child of the marriage is way harder to determine than say a child who is <17 living 70% of the time with one parent.
Furthermore, the change in CS is often a HUGE change in circumstances for the parent. Many parents who separate with young children set up a lifestyle of dependency on the monthly CS. If they have a child that goes away for University and enters a cooperative education program where the child works the gravy train ends for them. The adjustment to their finances could be devastating.
I suspect a number of the "ex-partner is upset because child support is ending and won't agree that it should end and now we have to go to court" is the result of parental dependency on child support and has NOTHING to do with the "needs of the child". It all comes down to ignorance by the resident parent receiving support.
CS: Parent receiving 1,850 in child support.
Separation: When one child was 4 and the other 1 year old.
Situation: First child is entering the Waterloo Computer Science Cooperative Education Program at 18. The child will be living in residence.
CS Receiving Parent Residence: Sudbury, Ontario
Non-resident parent: Paying 100% of university and living expenses. (1%-er)
Resident (CS receiving) Parent's Income: 45,000 per annum
For 14 years the mother has received $22,200 tax-free child support. Support payment on September 1st will be reduced to $925 per month when the first child attends school out of town. In another 3 years that will result in 0$ as the second child will be going to a similar program.
The reality of this situation is that once this child enters this program they will have job placements. Placements will probably be in other areas where commuting from Sudbury is well... Impossible so they will need to reside somewhere that is not the previous resident parent's home. CS not payable. They will never be coming home and CS will never trigger again. (As it should not!)
Someone who had an additional 22,000 in disposable income now does NOT have this tax-free money.
Mother after-tax on 45,000 income is $35,677.44.
Mother after-tax income 35,677.44 + CS of 22,200 = $57,867.44
CS is not forever sorry to say. (Unless you have a disabled child.) Many CS receiving parents do not realize this. When they go from having 57,867.44 in disposable income to just 35,667.44. That is when shit hits the fan when 40% of their disposable income disappears.
Lawyers whitewash the reality of the situation. They are not social scientists. Something its "easy" and people "get it". Considering most lawyers are 1%ers they are often not the best to advise on what is "understood" by the remaining 99% of the population.
