X says he doesn't have to pay child support

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momiss

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I just looked at my sep. agreement and it states: child support will end upon the following events: the child ceases to reside full time with myself. "Reside full time" includes the child living away from home to attend school agreed to by or funded by a government.. etc. provided that the child is otherwise maintaining a res. with myself. Also saying after her first post secondary degree or becomes 23. Based on this it seems he still has to pay child support but as of Sept. 1 he said he doesn't have to. So what do I do now... I still provide her a home, she will need transporatation back and forth from me for some weekend, holidays, maintain the home for when she comes home etc. What about FRO : can I go through them and how.. I haven't been through them so far. In my agreement also he's supposed to pay spousal support which I havent' seen since last Jan. I don't really care about it but the other issue is we are being sued for the family home and this may help me pay for fighting those lawyer bills. Let me know what you would do.
Daughter is 19 and jsut moved to go to College and lives in dorm and out of town. Thanks for your help
 
Your SA does seem to state that he should still pay CS.

How is school getting paid for?

Does the child stay at his house?

Are you going to sell your home when the child is done post secondary and moves out permanently and get a cheaper place?

You don't state your SS agreement so it is hard to comment on that.
 
Get your agreement enforced.

The child is still dependent as described by the Divorce Act in s.2 definition of "child of the marriage"...school is an "other cause". If you were married that is.
 
My daughter will be visiting on holidays, and will be returning to live with me in the summers. She is our daughter of the marriage. Her permanent address is mine. He said he will resume full support when she is at home for the summer.
The lawyer assistant does say that he doesn't have to pay child support because of the agreement. He does have to resume spousal and should be paying a little more for clothing etc. for my daughter while attending school which should be about 330 a month. He pays 60 percent of her college etc. which he has been good about.
We did not have an exact agreement on my daughter with the sep. agreement because we didn't know what her plans were at the time. When my son went to college he paid me 180 a month for clothes so I guess that's all he has to pay. Since I was receing child support for my son as well, at that time, it didn't hurt me financially. Now it will put a strain on finances, but manageable.
 
Good to know you are getting legal advice from the assistant.

Your agreement says what it says whether he agrees or not.

However, if you total up all her expenses being tuition, books and living expenses, including travel home you can then call it s.7 expenses and divide proportionately according to parent's income instead of getting monthly CS. The four summer months revert to regular CS. The daughter should make a contribution to her expenses under that s.7 method too.
 
You may want to review the following article written by Lorna Yates, barrister and solicitor regarding the complex issues regarding support and post secondary education:

Child support for post-secondary degrees
How many degrees is one child entitled to?
By Lorna Yates
September 24 2010 issue

Child support for post-secondary degrees

It may be easier to just send a copy of this article to the other parent who is claiming they have no obligation to the "child of the marriage" and their responsibility towards post secondary education.

Good Luck!
Tayken
 
Thanks unfortunately the above article wouldn't help to send to him at all. I can't reason with him or discuss any issue of contention at all.- never with any resolution.
 
Filing w FRO won't help because they can only enforce orders -- and yours says he doesn't have to pay.

Here is a VERY conservative estimate of her monthly living expenses, and a calculation of his/your shares:
325 food/personal
100 clothes
100 transport
80 phone/internet
400 rent/dorm
110 ent
1115 total

368 = 33% daughters share (presuming she is not also contributing to tuition)
446 = 40% father's share (i.e. 60% of remainder)
301 = 27% mother's share (i.e. 40% of remainder)

Possibly you could give him a breakdown like this (with your real numbers plugged in) ... it's very hard to argue against.
Leave out the 'maintaining a home' argument - it's too fuzzy.
It may be that you can only justify an extra $116/mo from him though (he agreed to pay $330/mo?) - which you will HAVE to go to court for (i.e. to overturn your current CS agreement).
 
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No according to our agreement: spousal support is payable of 150 a mth. when daughter is not living full time with me. When my son went to school full time he gave me 180 a month for his clothing and other extra's he needed. He now says nope don't have to pay anything. Had lawyer send a letter today reminding him of these commitments. Will wait and see what the reply is.
 
momiss said:
No according to our agreement: spousal support is payable of 150 a mth. when daughter is not living full time with me. When my son went to school full time he gave me 180 a month for his clothing and other extra's he needed. He now says nope don't have to pay anything. Had lawyer send a letter today reminding him of these commitments. Will wait and see what the reply is.
Click to expand...

I'm having a bit of trouble understanding what was agreed vs what was paid **when son was away at uni**:

Court Order: he pays SS $150/mo + 0 CS?

Actual: he paid $180/mo total?? (and HE said it was for clothes+extras, which implies it's NOT for food/dorm )? How did the idea come that he would pay for clothes but not dorm/food? And why is a university student spending well over $100/mo on clothes?
 
momiss said:
No according to our agreement: spousal support is payable of 150 a mth. when daughter is not living full time with me. When my son went to school full time he gave me 180 a month for his clothing and other extra's he needed. He now says nope don't have to pay anything. Had lawyer send a letter today reminding him of these commitments. Will wait and see what the reply is.
Click to expand...
not sure how to quote two different post but in your first post you state that he has to pay CS as long as the child resides with you and that includes going away for school. This statement about SS conflicts with that. The way it is worded you should not be getting SS at all because you are using the arguement she still resides with you in order to get him to pay CS. He should not have to pay you SS.
 
dinkyface said:
Filing w FRO won't help because they can only enforce orders -- and yours says he doesn't have to pay.
Click to expand...

This is what she said about the agreement...

momiss said:
I just looked at my sep. agreement and it states: child support will end upon the following events: the child ceases to reside full time with myself. "Reside full time" includes the child living away from home to attend school agreed to by or funded by a government.. etc. provided that the child is otherwise maintaining a res. with myself...
Click to expand...

If I'm reading this correctly, the agreement clearly states that he is to still pay CS. The child is going to school and living in a dorm, but the child is otherwise maintaining a residence with her. Therefore, he has to pay CS.

If I read this correctly, then FRO can enforce him paying CS.
 
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