Thursday, March 25, 2010

"When do my child support payments end?"

This frequently asked question has the same answer throughout Canada, namely: "when your child/children are no longer dependant on their parents". Sounds simple but the answer surely requires further clarification.

First of all,  the reasons for this "dependance" may include medical circumstances or the pursuit of education. This post will focus on the second reason.

Let's take a fictional Sally, the 19-year-old daughter of Sam. Sally is attending college on a full-time basis and living with two roomates. She has a part-time job. She uses part of the money she earns for her tuition. Is Sally eligible for child support? - yes. Sally is incapable of supporting herself because she is attending school. She is doing the best she can with her part-time job. The manner in which Sam will pay support for Sally will be suited to her particular academic circumstances and living arrangements (he will contribute to her school expenses and her living expenses rather than pay the table amount of child support) but simply put - Sally is still eligible for support from Sam. The fact that she is over 18 is irrelevant given she is attending school.

John has a son, Peter, who is 22 and completing his last year at university. Peter lives with his Mom, Jenny, and works during the summer on a full-time basis planting trees in BC. He is physically away from Ontario all summer. Is Peter eligible to receive support from John? - yes. This time, because Peter is living with his mother, she will need some contribution to the expenses of her household and either the table amount or a portion of it will be payable by John to Jenny for the periods Peter is living with her. John will also be contributing to Peter's school related expenses.

I have provided you with only two of literally thousands of examples of situations involving older children. These children and their situations generate most questions around child support, similar to the question in the title of this post.

The manner in which child support will be paid for these children, and the amount of that support ,will depend on a host of circumstances, including the following:

1. what is this young adult doing - working, attending school?
2. where is he/she residing?
3. is he/she working and able to contribute to some of his/her own schooling costs?
4. is he/she enrolled in a reasonable program of study, with a reasonable prospect of graduating with a marketable skill?
This area of family law raises some important questions and many of the answers depend on the particular circumstances of each case - seek legal advice to see how these principles apply to your case.

Spring is here!!

158 comments:

  1. my daughter is 19 she finished her college course as a dental assistant.....she now is taking a denturists couseat another college...my question is do i have to pay child support still...

    ReplyDelete
  2. The answer is likely "yes". It's not a definitive yes or no because a number of factors could impact on (a) whether you still have to pay child support and b) if so, in what form (eg: monthly table amount or a share of her tuition, for instance). It matters, for example, whether she lives at home or studies and lives away from home. It matters whether she is taking a full course-load or only one course at a time. Generally speaking, courts order continuing child support if a young person is pursuing a reasonable course of education, even if they are over 18. Your income level is also relevant in the consideration.

    ReplyDelete
  3. thanx for the heads up.....i really like the child support laws....i make 39000 gross a year ...my ex and her husband make 120000 a year....and im the one paying....really fair...

    ReplyDelete
  4. I think you may have missed my point - if you make a fraction of what the other spouse makes then when it comes to tuition, for example, you will pay that same fraction as compared to the other parent. That is what I meant when I said that "your income level is also relevant to the consideration"

    ReplyDelete
  5. I have now been paying child support for 21 years the child and mother do not live in Ontario, they live somewhere in the United States. I have no idea if the mother has remarried if the child is in school, I have no idea what so ever on what there cicumstances are. I want to end these support payments having fullfilled my obligations for more than two decades.

    ReplyDelete
    Replies
    1. Please call our office and we will try to assist you or to find someone who can.

      Delete
  6. My childern are soon going to University or college. The plan is for them to live on campus or in an appartment. I have been discussing payment options with my ex and trying to figure out the cost of University. My question is, if they are away from school, do I still pay child support to my ex? or could i use the money toward the school expenses and living expenses for the kids.

    I mentioned this to my ex and she expected to collect CS while I pay most of the schoold/living expenses for the kids while they were away at school. My ex just went back to work full time, so it looks like i will be on the hook for most of the school expenses.

    I checked the divorce agreement and there is no mention of this example at all.

    Could you provide some info?

    ReplyDelete
    Replies
    1. There is no question that child support continues to be paid while the children attend school - the question is: in what form and in what amount? so, is it the "table" amount paid each month, is it a reduced amount of that "table" amount, do we take into account the fact that the child is actually "home" very little because they live elsewhere for the school year? All those questions are relevant and a lot depends on what funds are actually available to the family (the incomes of the parties). There are a number of options possible: eg: the table amount is paid to the spouse with whom the children live in the summer but only while they are not away at school - for the balance of the months, the parents share the cost of their education proportionately to their incomes. OR The parties share the costs of the education on the same basis, after a reasonable amount of money from the kids' own earnings is applied to the cost, and then the parent with whom the children do not live in the summer pays "something" to the residential parent to account for the fact that that parent will have fixed costs for the kids, ie: a house of a certain size, with so and so many bedrooms, all year as opposed to just the summer months - in other words, there are a number of options which you should talk to a lawyer about....

      Delete
    2. Similar sase as above but my son lives with his girlfriend in a 1 bedroom apartment. They signed a lease together. For the last few years I have been paying his mother the child support and half of his College Expenses including Residence. He lives 30km from his mothers house so it would be difficult for him to travel daily. I didn't agree for him to move out with his girlfriend and I think it was a bad idea as he has failed the last 2 full time courses he enrolled in. During the summers he also works full time and during the year he works part time. This semester he started a 3rd coarse. I added up all I pay and calculated what it would cost for him to live and pay for school and the 2 values are almost equal. The difference is $50/month that my ex-wife pays out of pocket. Just looking for advise.

      Delete
  7. Hi there

    I have been making my support payments, but FRO is applying them to another account and insisting it's either my or my banks fault; that it is not being applied to the correct account.

    I sent them a copy of my payment history, yet they still says it our fault. Clearly seems like a clerical error on FRO's part.

    Can I sue FRO? I realize it's the ON GOV, but who cares...I've had enough of these clowns and their pompous approach to their clients.

    Any suggestions or advice would be greatly appreciated.

    ReplyDelete
    Replies
    1. I have never heard of the FRO being sued - you might be the first to do that... have you considered sending a letter to the Ombudsman for Ontario?....BUT I think your more important point is to get to the bottom of what is really happening and to ensure the records are corrected, if they are not correct.
      By the way, FRO do not have "clients" - they are a government institution whose mandate is to collect support. Good luck!

      Delete
  8. Hi there,

    My twin boys age 19 are attending post secondary education
    (55 km) away from the parental caregiver (mother) residence, and receiving OSAP. In late October 2012 they were involved in a car-skateboarding accident that left one of the children with severe brain damage, and he could not attend school until January when then second semester started. He has since had to drop a few classes due to missing most of the first semester. Is he still considered a full-time student? Would I still have to pay child support for him?

    ReplyDelete
  9. My daughter is 21, and is going into her fourth year at univercity. She has not returned home the last 2 summers, and resides and works in Toronto. I pay full table support as well as section 7 expenses. Should this be changed. I would like to pay my adult daughter the same level of support but direct and away from FRO, however, mom does not agree

    ReplyDelete
    Replies
    1. A series of fairly complex issues here and I simply do not have enough information to give you any reasonable guidance. If she is not home for the summers, I wonder why table support is paid. I would need more information though. If one party does not want the payments to proceed directly as opposed to through the FRO, there is not much you can do - the default position is the FRO but parties can de-register, if they agree. Sounds like there is no agreement on that here....

      Delete
  10. I have a 19 year old, she is going to be attending a college course in September....not sure if it will lead somewhere it is in broadcasting....it is not a degree of any sorts. Her father has moved into an apartment near the college so she can live with him while she attends college. so save her the costs of a dorm-room. I have full custody of her and as far as I know she plans to stay living here when she finishes her course. How can I resolve this with our a fight. I supported my child on social assistance for the first five years of her live with not much from him. I refuse to pay him anything, can I get the courts to enforce his child support and any amount from me right to her and not to her father. I am married but her father has made it clear he is her father and my husband is just that and not her father. Do I stop his child support payment or do they continue and I just make sure she has everything she needs what if she doesn't continue with this course and moves back then i will have to go through this all over again.....I did the variance court order with no charge to him, i did all the leg work, three years ago. I know his income has increased and probably owes me money not that he will that voluntarily but as soon as he thinks because she is moving in with him that changes all the support arrangements. anyone with any advice for me. I am not doing paper work for a variance for me to pay him...he can get a lawyer and take me back to court I'm not stupid.

    ReplyDelete
    Replies
    1. I am not sure I understand your question, Anonymous. I think one issue you may consider is who will assist your daughter with the school expenses. So you might agree that he will provide the room and board and you will contribute to some other expenses. I am not sure what you mean by "to enforce his child support and any amount from me right to her and not her father". It sounds like he is behind in child support payments (which you want to enforce) but then you are worried you will have to pay support to him. If that is the case, you might consider a set-off but I do not have enough information here to give you any more guidance....

      Delete
  11. My granddaughter graduated from college June 2012 and has not been able to secure a job in her chosen fields.She wants to go back to university for 2 years to get a degree and move back in with her Mother. Can the child support be re-instated?

    ReplyDelete
    Replies
    1. Child support must be paid as long as the child remains dependent. A dependent child is any child under the age of 18 unless:
      • the child has married, or
      • the child is at least 16 years old and has "voluntarily withdrawn from parental control".
      A child who is 18 or older may also be considered dependent if they cannot support themselves because:
      • they have a disability or illness, or
      • they are going to school full-time. (This usually continues until the child turns 22 years old or gets one post-secondary degree or diploma, but a judge may order support to continue even longer.)
      When the judge decides how much support should be paid for a child who is 18 or older, they take into account any earnings or income the child receives from other sources.
      Child support continues even if the parent receiving it gets married or starts to live with someone else.

      Delete
    2. All of the above it technically correct, Anonymous (and I write about this in a recent post), but it is important to keep in mind that the court will consider each case on a case-by-case basis. What this means is that the facts of the particular case will be taken into account when a decision about that particular young person is made. A number of factors will be taken into consideration, for example, what are the incomes of the parents, was the initial program of study a realistic program to complete in terms of job expectations, is the new program realistic in enhancing your granddaughter's ability to find a job. The Court does not encourage young people to be "perpetual students", particularly given the cost of education these days - that being said, where there are means to do so, Courts will give young people chances to become educated. There is a reasonable chance child support would be reinstated.

      Delete
  12. Hi, if I have been contributing to an RESP a/c for say the last 5 yrs- whihc as you may be aware, 20% on every $ of the 1st $2500 is matched by the ON govt to encourage enlistment, a) does that absolve the support payor from paying the pre-determined portion of the tuition fees for the duration of the program? and b) only pay a portion of the tabled child support while the child lives on campus only?

    ReplyDelete
  13. I hope I understand your question but to make sure I do, let's establish some basics: parents contribute to tuition, for example, proportionately to their respective incomes, after taking into account any loans and bursaries available and any earnings from the child. If one parent has been contributing to an RESP, THAT parent can use their contributions (and any matching amounts from the government) to address their proportionate share of the tuition due. By way of further clarification, if Dad contributes to an RESP, the money in that account will go to address his share of the tuition, not Mom's. The table amount of child support is a separate issue altogether and has nothing to do with RESPs. Depending on where the child lives (away or at home), and what he/she does in the summer, table child support may not be payable at all, or perhaps only for a portion of the year.

    ReplyDelete
    Replies
    1. Could you clarify a little more.

      Here is my situation, my husband has been paying RESP (court ordered) from the time his children were young (his ex-wife pays the same equally) they max it out every year. His kids are 16 and 14 in two years the oldest will be off to College/university she should have in her RESP over $70,000 and savings from a part time summer job. THe daughter wants to go away for school, do we still after paying years into RESP have to pay child support to the mom because she is full time student and we have been contributing and helping her save to pay her education all these years? I am assume some money is still due but wondered would it still be full table amount?

      Delete
  14. I have a daughter going through a difficult separation. The house her and her spouse lived in belongs to the father-in law as part of a family farm.Except for windows and carpets, that the father in law paid for, my daughter and her spouse put in thousands of dollars into this house and new large garage. My question is, what chance does my daughter have of getting her share of the increased value of this property for the years she lived there? And is there a lawyer that would do this on a contingency basis?

    ReplyDelete
  15. A tough proposition, I have to be honest. If title is neither in her name or the husband's, then all she would have left is a trust claim (meaning, making the argument that she put money into someone else's property). In this case, husband and his father are likely to be on the same side of this (ie: they will not assist her in her argument). Father in law will likely argue they were not paying rent to live in his property. Do not know of any lawyers who would do this on a contingency basis, particularly since a court case may be the reality.

    ReplyDelete
    Replies
    1. They were paying rent and all the renovations that were done to this property were done by my daughter and her husband.

      Delete
  16. My answer does not really change. It's still a tough claim and she will be battling both her husband and his father. The problem is - she is not on title. AND her husband is not on title either so she will not get any benefit of any increase in value by way of equalization (I assume they were married).

    ReplyDelete
    Replies
    1. Yes they were married for 18 years and her husband will inherit this property when his Father is gone. The husband lives there rent free, and has since they separated in 2010.

      Delete
  17. when my daughter was 19 she moved to another city to go to college. she got a part time job and applied but couldn't go for financial reasons (costs of living, paying back previous year of OSAP, plus costs of continuing her education) she attempted twice more to apply for school but found it difficult for financial reasons) her father stopped child support and I was ordered to pay back half of the payments made from the time she was finished first year of school until present. since child support has stopped (which she was receiving) she has moved back home, continued to work to save and has now been accepted into a full time college program. am I entitled to child support again? what will be needed to show to the courts? what are the chances of getting support again for her? he lives in a common law relationship and his personal income is approx. $100,00/year while I make approx $55,000

    ReplyDelete
  18. I would need more specific information but I think you have a reasonable shot. Where there is sufficient income available, courts support young persons in pursuing education. "Child support" can mean a number of things, though - remember that. Clearly, the court was involved at some point if you were ordered to pay back child support - I would need to know more about that for sure. Also, your daughter's age right now is also relevant.

    ReplyDelete
  19. I'm an open book so what kind of specifics would you like to know? I received child support from July 1991 to June 2013 but the courts felt that child support was over paid from May 2010 to June 2012 in the approx amount of $15,000; the judge did not accept my plight in regards to having to pay taxes on the child support all these years, I never asked for extraordinary expenses, we never exchanged income taxes all these years, and the fact the my daughter had the money for the last years as she was "attempting" to go to school. The judge made us both responsible for not contacting FRO = me for not letting them know she was no longer in school and him for not contacting them to find out if she was still in school until she was 22. My daughter is 22 now (Nov. birthday)and so I owe him back half ($7500). I have already told my daughter that if we get support that it is hers to help her with her education (help with transportation, extra course fees, paying back OSAP, and loss of income as she won't be able to work full time) Ask me anything, I will tell you! thx for replying :)

    ReplyDelete
  20. All interesting and possibly relevant points, doolee...if you need further advice, please call the office....thanks

    ReplyDelete
  21. I am a divorced father of 3 children and pay her support. My eldest daughter of 19 is now living with her boyfriend and I recently (mutually agreed upon) terminated support payments for her. My son has not attended school (I have done my best to try and have him continue) for the last 2 semesters and now that he has turned 18, will not be returning to complete his high school diploma. I have have tried to work with my ex-wife to encourage and assist and she is just as happy to have him stay at home to babysit her 3 new children. As he is now 18 and not a student, I would like to terminate support payments for him and only pay for my youngest daughter. Am I within reason to pursue this?

    ReplyDelete
  22. Yes, if there is no medical reason preventing your son from returning to school.

    Actually terminating the payments (as in stopping the payments) can be a little tricky, particularly if the FRO are involved in collecting and she does not cooperate.

    ReplyDelete
    Replies
    1. He is perfectly healthy and thinks school is 'stupid' and a waste of time. FRO has never been involved and as we could not agree on the initial separation agreement, her lawyer advised her to skip the agreement and simply go for the divorce which is what we did. We have been divorced for 9 years and I began paying support the minute I packed my bag and left consistently, without fail to ensure the kids were taken care of.

      Delete
    2. Then it sounds like you are all set. Good luck!

      Delete
  23. I am divorced with two children,ages 19 and 16. I receive table amounts for two children from FRO. My 19 year old just finished his first year of univesity, out of town. Dad refused to pay any tuition or residence / meal plan / transportation / laptop/ book fees but he did pay the monthly table amount (although it was the same amount as when my son was in elementary school -- he does not update it as required). Dad then filed a Motion in court to STOP paying support except for in the summer, and to only pay me back $2000 in arrears for the entire first year of university which cost me $24 000 including transportation, etc. He claims that my son should earn / pay $16 000 per year on his own while being a full time university student at McGill. My son did earn a bursary of $3000 last year as his contribution. This summer he has been unable to find work but he is willing to take on $3000 in debt toward next year's costs. My ex and his wife earn $160 000 combined. I know it isn't based on his wife's income but still they do have access to all of that money and all of that credit availability. My lawyer wants me to settle instead of incurring court fees. My laywer thinks I should settle for like$5000 and agree to stop getting support. WHAT? I do not think that is reasonable at all. Especially when my daughter will be in university soon too, and he is not prepared to support either of them properly. We have a long motion booked. Should I go or settle???

    ReplyDelete
  24. I forgot to mention on the last post that the table amount received for my son last year was $540 per month, but the dad paid nothing else toward his education so i gave every penny of it to the university.

    ReplyDelete
  25. You have presented a complex set of facts here, Anonymous. The fact that there is a long motion to be argued on them further reinforces my perception that there are no easy answers here. In any event, I could not possibly give you advice on any of this here, on this blog. Does your lawyer know you are uncertain about which "door" to take? Have you had a frank discussion with him or her? I think you should. You might also consider getting a second opinion. I encourage my clients to get them so they are comfortable with major steps we take in their case...

    ReplyDelete
  26. I would like your opinion as to why this is complex? When I first hired my lawyer he said that the law was very clear, child support would be payable because our son was "a child of the marriage" and our son was entirely dependent while at school. Plus, I was giving all the support to his education anyway. Now the motion is booked for next week but suddenly the laywer is saying I should settle and stop getting support, plus only expect about $2 = $5000 return from the $24 000 that my son's education has cost so far. There is no provision in the offer for the father to pay ANYTHING for the cost of next year's school fees. I have receipts for everything. I just don't understand how there is question or ambiguity here? Our current order says dad will pay half of Section 7. He hasn't paid any Section 7 at all since 2006, for anything including the education of my son. I don't understand (respectfully) why this is complex or complicated? What are the merits of the father's case? Isn't my son legally dependent on us?

    ReplyDelete
  27. I am afraid you missed my point. I did not say the law was complex - I said the facts were complex. I am not in a position to give you any opinion on a blog. It would be like asking a doctor to diagnose a patient, with a long-standing history of an illness with serious symptoms right before major surgery, and to give an opinion, on the internet, on whether or not the surgery should proceed. I simply cannot do that.

    This is clearly causing you stress - I can understand why. Again, I suggest you have a frank discussion with your lawyer or get a second opinion from someone in your area.

    ReplyDelete
  28. My child was done college in 2011, but she had to do 2000 hours as a apprentice. She had just completed these hours...So I'm told a little long!! She has been getting paid for these hours also. Still living at home with my ex. Should I have been paying this hole time that she was doing her apprentice hours?

    ReplyDelete
    Replies
    1. Not a simple answer to this one and I would need more information. If the apprentice hours were part of her program of study (ie: she would not get here certificate without them) then she remained eligible for child support - on the other hand, she was to have completed her hours of apprenticeship with diligence and as soon as they were available - not sure here she did that, maybe she did. Also, the fact that she was getting some money for the hours might have to be considered here - she should have been contributing something to her household with her mother.

      Delete
  29. my son (19 yrs), missed completing his 2nd semester at college and can't return until January. Between September and January he plans on working or volunteering in the line of work he is taking in school. Am I still obligated to pay child support for the months he is not enrolled in a full-time post-secondary institution? His plans are not to live with either parent and may perhaps live with a relative close by to where we both live now.

    Also, if I am paying a proportionate share of post-secondary education, am I still to pay table child support? Funds are very limited on my end unfortunately :( thanks so much

    ReplyDelete
  30. In my view, the answer to your first question is "yes".

    As for the table amount of child support, there are two issues to consider here: 1. when he is at school, does your son reside with his mother? if the answer is yes, then you have to pay some child support and there are different approaches to calculating the amount and 2. to whom do you pay the table amount when he is living with your relative? - interesting issues.

    ReplyDelete
  31. My daughter is 18 and attending college in September. I'm paying 60% of educational expenses plus CS table amount.

    My ex-wife has rented her basement apartment to my daughter and is charging her rent albeit below market. My daughter is also buying her own groceries, clothes, bus pass, etc.

    I would like to stop my CS table amount to my ex-wife and pay my daughter's expenses directly in proportion to our incomes.

    How can I do this?

    ReplyDelete
    Replies
    1. A rather complex question, I am afraid - sort of asking like how to build a boat :) - too complex to be answered here.

      Delete
  32. My daughter will be 19 years old in November. She has decided to quit university and is now working 4-5 days but still lives with her mother. Do I have to continue paying child support even though she is not attending school? She is also considering returning to a different college in a year or so. If I no longer have to pay support, will it be reinstated if she decides to go back?

    ReplyDelete
  33. :) - I see this has now become an advice blog, although it is not intended to be one.
    The answers to you questions are "likely no" and "likely yes" but I would need more information to give a firmer answer and this is not the right place to do that.

    ReplyDelete
    Replies
    1. Oh, I'm sorry. I came across this blog and after reading the questions, I assumed it was for advice. I've tried calling different family courts, lawyers etc. and have not been able to find any answers.
      Thank you for your time.

      Delete
    2. No worries!! - call the office and I am happy to chat for a few minutes to see if we can steer you in the right direction for further help.

      Delete
  34. This is a great "Blog" service you are providing. I received great information and insite into child support payments. Thank you and please continue.

    ReplyDelete
  35. My 28 year old daughter has enrolled in college. She has always lived with her mother and I have not had to pay support since she was 18 as she was a high school drop out. My ex-wife now wants me to pay her tuition. Am I legally responsible to do so?

    ReplyDelete
    Replies
    1. Unfortunately, the answer is not a simple "yes" or "no". It depends on a whole host of other facts, which I do not have here. These include your income level, Mom's income level, what your daughter was doing between the time she dropped out and now, whether your daughter has savings of her own, the program she has undertaken at college and so on. The fact that she is 28 (quite old) is also a factor to be taken into account. Does she have any medical issues which impacted on her dropping out of school in the first place, and so on.

      Delete
  36. My son received his grade 12 diploma in June while living with me, the child support recipient. He has decided not go to post-secondary school. He has stayed with the support payor for the month of August and may stay there. He doesn't turn 18 until November.
    -Is child support payable to the age of 18 even though school has ended before the 18th birthday?

    ReplyDelete
  37. No it is not. There is a misconception out there that children get support until they are 18, no matter what they are doing (including whether they are in school or not). Unless there is a medical reason your child cannot go on with school (and it sounds like there is no such reason), support ends.

    ReplyDelete
  38. PS: also, when the child begins to live with the original support payor, child support to the original recipient stops and technically, should begin flowing in the other direction (assuming the original support recipient has an income) - all this is assuming that the child is still eligible to receive support.

    ReplyDelete
    Replies
    1. So if I understand correctly:

      1. Child support ends for my son as soon as he got his grade 12 diploma at the end of June, even though he is only 17 and has no medical reasons preventing him from going to post-secondary school?

      2. Regardless of where he lives there is nothing owing to either party because he has completed school and there are no medical issues?

      3. Is there a time limit to reinstate child support if he chooses to go to post-secondary school at a later date?

      Delete
  39. I am not prepared to answer your question on a blog - I do not think that is in the best interests of your case. You should speak to a lawyer. I know that people want a lawyer to answer "yes" or "no" because they think that the law is black and white (ie: there is only one answer) but that is not reality. We have some guidelines but ultimately, each case turns on its own facts. Again, please speak to a lawyer.

    ReplyDelete
  40. My son recently turned 18 and is currently enrolled in high school. Now his father is requesting his school transcripts, presumably to determine whether he should still be paying support for him. Does he have a legal right to see these documents, or is a letter from the school confirming his full time enrollment sufficient enough? Now that he is 18 I don't believe his father has a right to personal information does he? I think all that matters is that he is indeed in school full time. Is this correct?
    Thank you.

    ReplyDelete
  41. In my view, the transcripts should be provided and then you can get on with the important issue ie: whether support is payable. You and the father can get into a legal debate over whether father is entitled to the transcripts - spend a lot of time and money arguing on principle and delay getting to the real point. That would not be productive. There is some caselaw to suggest that depending on the circumstances of the case, transcripts can be requested. If there is "nothing to hide" - ie: son is doing well, why not just produce them? In any event, if your son just recently enrolled in high school, what transcripts are there at this point? - you mean he wants them going forward? On the "personal information" note, I think you may have some difficulty with the argument that on the one hand, your son is an "adult" and entitled to privacy but other the other a "child" entitled to child support.

    ReplyDelete
  42. My son in law is refusing to sign the court ordered documents to have his pension split through Bill 133. My daughter has an order through the FRO office and hasn't received any money for 5 months.Her Lawyer wants to talk to her to see what can be done, but she cannot afford anymore legal fees. He is also in trouble with the trustees of his bankruptcy for withholding information. Can my daughter have the Police arrest him or does that have to go to court as well?

    ReplyDelete
    Replies
    1. What would the police be arresting him for? You mean because he has not complied with court orders?

      Delete
    2. yes. He was suppose to sign the documents back in april, but knows that the fro and the trustees of the bankruptcy have red flagged his pension. The FRo just threatens and never follows through and my daughter was wondering if she any other recourse to get this done

      Delete
  43. Unfortunately, the police have no power to arrest him for the issues you set out in your email. The Court has to deal with those issues if he is not prepared to cooperate.

    ReplyDelete
  44. My son recently turn 18 and is attending high school.He requires 10 more credits to finish.He lives with his mother and works part time.I've learned that he only attends school 2 days a week and his hours of his part time job,(which he is paid for) are used toward co-op credits.My agreement states that once 18,to continue support,must be attending school Full time.So,if the school board has him registered as a part time student,should I be able to stop support.

    ReplyDelete
    Replies
    1. The technical answer may be "yes" (I have not seen the agreement).

      You may have an issue depending on the actual wording of the agreement. That is because courts generally have a flexible approach to the phrase "full time program of education" - they say that does necessarily have to be actual school time. That being said, I would need to see the actual wording of the agreement.
      Again, the prevailing case law is that children (young persons) attending coop programs are still eligible for child support.

      Delete
  45. My 18yr old daughter tells me she is in a high school co-op program from 12pm - 3pm Monday to Friday at an elementary school to see if she wants to go further to become a teacher. She lives with her mother and works part time. Is this considered being in school full time and should I continue to pay child support?

    ReplyDelete
    Replies
    1. I would need more information to answer fully.
      Coop programs are generally accepted by courts as falling within the definition of "full time program of education" which, as you know, is one of the benchmarks for determining whether support is still payable to a young person. IF she is attending high-school, is part of a coop program and working part time on the side, in my view, child support is still payable but again, the answer could change if I had more information.

      Delete
  46. My 19 year old son is currently enrolled in an apprenticeship program and working on obtaining his hours, which could take upwards of 8 months. He is currently being paid as a full time employee while working. Presumably, he will be returning to school in January and moving in with his father at this time. Does my ex have to continue to pay support if he is not enrolled in a full time educational program? Does he have to pay if/when my son moves in with him to attend the educational component of his program? Please help.

    ReplyDelete
    Replies
    1. A lot of "meat" in your question....hmm....

      Let me start by saying that courts are generally flexible when it comes to interpreting the phrase "full time program of education" (the benchmark for determining whether a young person is eligible for child support). That phrase does not necessarily mean just being at school full- time. There is a good argument to be made that when he is in the apprenticeship program, child support should continue to be paid to you by Dad because it's part of an overall educational plan and your son is committed to that overall plan and doing his best.
      When he moves in with Dad, child support to you ends.

      Delete
  47. My DH's Daughter turning 20 has been out of school for almost two years and working full time while paying rent to her mother, she is living common law at her mom's address with her boyfriend who also pays the mother rent (although we can't get proof of that) is DH still obligated to pay support for her? The mother knows how to play the system and will quit work or tell her daughter to go back to school if taken back to court so she won't risk losing the child support. What is the cheapest way to stop support?

    ReplyDelete
  48. First of all: What or who is 'DH" and why is DH not posting here instead? :)

    The answer to your first question is "no" - the daughter is no longer "a child of the marriage", ie a young person entitled to child support.

    The answer to your second question is as follows: if mother cooperates, you terminate the support on consent. If she does not, then court is your only other option. Is the support being paid on the basis of a written agreement or court order (please be detailed). PS: mother's quitting her job does not impact directly on father's obligation to pay child support (table amount). Unless I am missing something from what you are saying.

    ReplyDelete
  49. My son is enrolled in part time school....2 courses. Does child support still continue? Thank you, any advice is appreciated.

    ReplyDelete
    Replies
    1. I need more information to give you any kind of answer. For example, what is the reason for only the part-time enrollment? is this a coop program? is this to finish off high-school for example and then apply to college? does the child have any special educational needs...more information, please.

      Delete
  50. Hello, my partner has a 19 year old daughter who is not working and not in school since she was 18. He has discussed ending the child support payments with the child's mother and she is in agreement. When the child was 16 the child support order changed and he was also ordered to make 'back payments'. Both he and the child's mother consider the year between the child turning 18 and 19 covered the 'back payments'. Is this legal? What forms does my partner need to complete for the Family Responsibility Office? What forms do my partner and the child's mother need to complete and file with Family Court in order to end the 'official' child support order?
    If the child returns to school can her mother re-open the child support matter? (At this point they have agreed to support the child financially if she returns to school without a formal order).
    Many thanks in advance for any assistance you can provide.

    ReplyDelete
    Replies
    1. A lot of questions in your post, Anonymous - tough to answer them in a blog - in terms of forms, you should first be looking at Rule 15 of the Family Law Rules- that deals with motions to change orders on consent - all of the forms are listed there (for the Court) and you should be able to find them on the internet. Once you have an order from the Court, an SDO (Support Deduction Order) issues and gets filed with the FRO. If the child returns to school, parents can agree to address the issue however they want but that does not stop the mother from then applying to the court if she wants to.

      Delete
  51. I wrote several months ago about my daughter's rights to a matrimonial owned by her Father in law. My daughter's husband filed for bankruptcy and his discharged has been opposed by my daughter because of arrears. My concern is, if the father in law passes away while my son in law is still in bankruptcy, and he inherits the home, and the trustees take the home, how will this affect my daughters' future rights to the matrimonial home, if she makes a claim in the appropriate time?

    ReplyDelete
  52. Dear Anonymous: your questions are far too complex to be answered on a blog, without the benefit of further questions and information. You are addressing two areas of the law: family law and bankruptcy: I strongly recommend that your daughter seek legal advice from an actual lawyer - these issues are clearly important to her and to you and may have to be addressed immediately. Please do not rely on blog advice!

    ReplyDelete
  53. One of my daughters graduated high school back in June and now is going to a 2 year college working toward a degree in radio. The problem is neither my daughter nor her mother will return any calls from me asking for proof that she is in a full time college degree program. I have no problem continuing to pay child support if indeed she is pursuing her degree however I have been lied to in the past and just would like to see proof that she is indeed attending a college full time. I do not live in Ontario so anything I need to file with the court would include me flying in and could definitely get costly. Am I entitled to this information from the college she is attending?

    ReplyDelete
    Replies
    1. Here is my response based on the information you have provided: You are entitled to the information, no question about it. It should be provided to you either by Mom or daughter, if support payments are to continue to flow. You are in a position to say that if the information is not provided, you will have no choice but to terminate the payments. The Court would expect proof and you can expect the same. As for whether you can get it directly from the school - they are unlikely to release it to you without the student's permission. You may want to suggest to your daughter, in writing, that you are happy to get confirmation directly from the school but she must authorise the release.
      I hope this is of some assistance.

      Delete
  54. My ex-husband has decided to stop child support payments as he has decided that my two children are adults. My 20 yr old daughter is in university (3rd yr) and lives with a friend close to her school. She works part-time to pay for her rent, etc. She does receive some support money from me. Her O.S.A.P. loan is limited due to my income. My 22 year son in college (3rd yr) lives with me. He also works part-time and also has a student loan. My separation agreement states that child support is to be paid over the age of 18 as long as the child is in school full-time but it also states that child support is no longer paid if the child moves away from my home. Since both apply to my daughter's situation, would child support still be paid or is she still considered a child of the marriage and entitled to child support? Thankyou.

    ReplyDelete
    Replies
    1. This is my response based on the information you have provided: as I have explained in this blog from time to time, child support is not driven by a child's/young person's age but rather by their dependency. Your adults (children over the age of 18) are still entitled to support if they cannot support themselves and are attending school or are ill. Your children remain "children of the marriage" and entitled to support. The fact that they have loans and earn their own money on a part-time basis will be taken into account in calculating the amount of child support but these factors do not dis-entitle them to support. I have a feeling you are misreading your agreement - it's unlikely it says support ends when a child lives away from your home - if that is the case, then how are they to support themselves while at school? I hope this helps.

      Delete
  55. As per my separation agreement child support payments end at 22 years of age. My daughter turns 22 this month (January), is my ex still obiligated to pay for that month? Also she is in school full-time can I fight this for support to continue?

    ReplyDelete
  56. My Husbands 19 year old daughter moved in with her boyfriend and is doing a 4 year coop program in which she is getting paid for. His Ex is claiming child support should be paid for the next 4 years. (Ontario)
    thanks

    ReplyDelete
    Replies
    1. Here is my response based on the information you have provided: First of all, so you know, child support rules are the same throughout Canada so the fact that this is happening in Ontario is irrelevant. Second, most judges take the position that coop programs still qualify as attendance at school, even if the student gets paid for part of them. That fact (ie: the $) does not disentitle them to child support but would be taken into account in calculating the amount. All of this being said, the fact that she moved in with her boyfriend suggests she is behaving like an adult and I would argue that the child support obligation is at an end. I hope this is of some assistance.

      Delete
  57. Here is my response based on the information you have provided: if your agreement says that child support payments end at 22 then that is when they end. If you did not have this agreement, she would be entitled to ongoing support for a reasonable period of time while she attends school - to have a child support arrangement which is different than what your agreement provides, you would have to get a court order, which is potentially quite expensive. I hope this is of some assistance.

    ReplyDelete
  58. My ex was paying child support table amount. Son is 18 and attending University full time. Ex invites son to live with him. I halted child support payment in lieu of this living arrangement. 3 months later, EX kicks son out because he doesn't get along with his spouse. Son moved in with two friends and is renting a home close to the University since I moved an hour away from the city. I tried to resinstate support and would be giving it to my son to pay his rent... EX don't want to pay, and I got a letter from FRO saying he no longer obliged to pay because son no longer lives with me. What can I do now?

    ReplyDelete
    Replies
    1. Here is my response based on the information provided: the FRO is wrong if that is the position they are taking. The fact that he remains at school is the reason support is to continue to be paid (the issue is the amount) - the fact that he is living with others, off campus, does not cancel the child support obligation. If he is attending school, that is enough. Again, there will be an issue about the amount to be paid but it still has to be paid. I hope this helps.
      I think the FRO might have written you to say that is the position the support payor is taking but they have no jurisdiction (power) to decide whether that is correct or not. Please review the letter carefully.

      Delete
    2. You are correct. The letter stated my the position my ex is taking. They were asking me to sign off that this was correct. I will call them and get this straightened out. THANK YOU!

      Delete
  59. Hi AJ, My husband has a 21 year old daughter, he and her mother were not married (not sure if that matters or not). His daughter has been living with her boyfriend and working while going to college this past year. Previously she rented a room while going to school. Is my husband still having to pay support? The order is through FRO. Many thanks!

    ReplyDelete
    Replies
    1. Hi there! This is my response based on the information you have provided: it does not matter that Mom and Dad were not married - children of all types of relationships are treated the same way in Canada. The fact that (let's call her "Susie", your husband's daughter) is living in an adult relationship means, in my view, that Susie is an adult and has assumed responsibility for herself and decisions in her life. I would argue that support is no longer payable. I hope this helps, at least a bit. Remember, the FRO will continue to enforce until they are told not to: either by the parents-together OR by the Court. So you need to do something about that, soon.

      Delete
  60. Hi there, I want to start off to say that I sent a post last year regarding CS and kids attending university away from the home. Thank you for your comments, they were insightful and helped a great deal. We did end up going to a lawyer just to get clarity and get it in writing as my ex was still insisting that she is to receive same CS as if they were living at home. Again thank you very much.

    I have a quick question, some kid expenses are starting to come through and was wondering how to best handle the costs. My ex is expecting me pay for 1/2, although my agreement does not mention anything as such.
    I don't think that a dance/Prom expenses are extra curricular activities.
    I pay for more than 1/2 of all activities - hockey, golf, piano lessons etc.

    I would appreciate any help.

    ReplyDelete
  61. Hello there! My son is 18, graduated from high school but has gone back to highschool to take further classes which will help him get accepted to college in the fall. Is he still entitled to child support?

    ReplyDelete
    Replies
    1. YES - as I have said on this blog before, child support does not end at 18 if the child/young person continues to pursue education. Hope this helps.

      Delete
  62. Hello
    My 20 year old daughter has gone back to college full time, she finishes school and took a few years off now is back in school does her dad have to pay child support again? Even though he never paid till she was 18 - probably owes over 1 year in child support - because at 18 she worked full time for a while then went back to school can I get him to pay child support?

    ReplyDelete
    Replies
    1. Based on the information you have provided: first: child support does not automatically end at 18 and it is also not automatically paid until 18 either. If your daughter was working full-time at 18, then her entitlement to child support ended when she started working, even if she was 16 at the time. So this means that Dad may not have owed you in any event as you suggested. The second part of your question is more complex and I would need a lot more information to answer it. For example, how many years is a "few years"? What are the father's means? what is she taking at school? how long is that program? how much is it? You should be speaking to a lawyer about this.

      Delete
  63. My 20 year old daughter went back to college - her dad did not pay child support up till she was 18 he stopped once she was around 16 1/2 - after 18 she worked for a while full time then decided to go back to school full time - does he have to pay child support? If so I do I start this - we never went through the automated way - he just gave me a cheque (when he felt like it)

    ReplyDelete
    Replies
    1. I think you posted above, did you not? the facts are virtually the same. Please let me know.

      Delete
  64. My daughter is 20 and no longer living with her mother. I recently sent a request to FRO to stop support based on change of circumstances with my daughter. Her mother has agreed and support ended, with FRO , on October 30th. In the note from FRO it indicated she could go back and have this change with FRO, and they could resume the collection of CS. How likely is this and should I move to have the order end with the courts.

    Thank you

    ReplyDelete
    Replies
    1. I have no idea what the likelihood is because I do not know Mom and you do. It is always safer to have a Support Deduction Order formally terminated, by another Court Order. This Court Order can be on consent, which means with Mom's cooperation. That makes the process cheaper.

      I am assuming that when you say "no longer living with her mother", you also mean she is working and supporting herself. If she is simply living on her own but still attending school, you may still be liable for child support.
      Hope this helps.

      Delete
  65. Thank you for your comments.
    The questions you have asked are not straightforward and it is impossible to answer them without having a dialogue and a lot more information. I suggest you speak to a live lawyer about them. Since you have used someone before, returning to them might make most sense - they would have a lot of the background and could address your questions by hitting the ground running.

    ReplyDelete
  66. Do you have to pay for a child who is 22 and has had a child but lives at home with the Ex..is it not the father of the child responsibility to support her..not me...i have been paying support for her for over a year and a 1/2 and am going back to court Jan 31..would really like to know what to do..thx Rob

    ReplyDelete
    Replies
    1. I want to make sure that I understand the facts correctly: your daughter is 22. She lives with her mother. She has a child of her own. She does not attend school and has no medical issues which prevent her from earning her own living. If those facts are correct then no, you do not have to pay child support for her.

      Delete
  67. Hi my doughter is 18 and planning on going to univetsity as of sept 2014.Her father advised that he is stopping child support .She does not eork and going away for school. Im planning on paying her tuition. Who do I contact to obtain info if she is eligible for child support.As per srparation agreement no date was set up for stop payment.Please advise who do I contact

    ReplyDelete
    Replies
    1. Here is my response based on the information you have provided: sounds to me like she is eligible for child support because she will remain "a child of the marriage", ie: a dependent young person over the age of 18 who is pursuing school. If you have any more specific questions, you are welcome to call my office and speak to our Associate, Eun-Kyung Lee. She will be able to address your questions in more detail and also bearing in mind that there is a separation agreement, by the sounds of it. Hope this helps.

      Delete
  68. Hello thank you gor your response. Would you please provide me with phone number I can contact Miss Lee
    Thank you Marta

    ReplyDelete
  69. anonymous---I have a 21 year old daughter still living at home with her mother,
    does not have a full-time job. I would just like to know when does the support
    payments end. I have made payments each month,never missed one,never
    going to miss one, just looking for some clarification on this.

    ReplyDelete
    Replies
    1. In Canada, child support does not end at 18 if the "child" (young person over 18) either attends school for a reasonable period of time after turning 18 OR is unable to become financially independent because of illness or disability. If your daughter works part-time when she could work full-time and does not have a disability or illness preventing her from becoming financially independent then child support ends. If she is attending school (some judges say part-time applies here as well) then child support continues (although not forever) -- you should speak to a lawyer to get more specific information relating to your case.

      Delete
  70. my daughter is 18 and going to university in September. Court order states I have shared custody but since she was 15 has stated she wants nothing to do with me and I am dead to her. Court order states I'm to pay 429.00 in child support but since she has not had contact I've been paying the 666.00 since she was 15. Her mother wants me to continue paying full child support and 60% of her schooling. She will be going away for school and won't be living in the area. She will be taking a bachelor of music 3 year program but will receive scholarships has has been working also. What as a considered dead father gonna be responsible for?

    ReplyDelete
    Replies
    1. *We are no longer able to respond to specific questions left under posts due to the high volume of such questions.

      *We enjoyed providing you with information in response to your queries so far but responding to all hypotheticals has become very time-consuming, a task we would only complete on our own free time.

      Delete
  71. Hi,
    I had been paying child support as per the court agreement. My ex and I starting living together again so she filed a document with FRO stating child support was no longer required. She has since gone back and asked for retroactive support. I have been contacted by FRO to pay these amounts even tho I never received any documentation requesting support be restarted.

    What is the process to restart receiving support payments after they have been stopped? Is it valid that support is owing even tho I was never notified?

    ReplyDelete
    Replies
    1. This is my response based on the information you have provided: - your scenario is quite complex and I would need a lot more information to answer you specifically. The ages of the child/children and what they are doing now are relevant. So is the length of your renewed cohabitation. Does the FRO know about the reconciliation? Did the "court agreement" talk about what would happen if you reconciled? So you know, child support is "owing" once the parents of the child separate - not just when one parent is notified by the other that it is owing - child support is the right of the child, not the parent. Again, anonymous, your facts are not simple and I really encourage you to speak to an actual lawyer to provide some more of the required information and get more specific answers.

      Delete
  72. This is my response based on the information you have provided: - some complex issues here and I would need more factual information to provide a more specific answer, not one which I can offer on a blog. I can tell you child support is payable even when a child chooses not to have contact with a parent, rightly or wrongly. If she is living away from home while attending school then a fresh calculation of the amount of child support you owe needs to be completed, one which also takes into account the scholarships. Both your income and mother's income are relevant to this calculations. Speak to a lawyer, please, to get more specifics.

    ReplyDelete
  73. Hi, I have an unusual question. In my agreement it states that dad will pay for tuition for son for his first diploma. Over the past 4 years my son has had to claim $21,052.76 dollars worth of RESP withdrawls made by his dad to pay his tuition - is this correct? I am questioning why my son has to claim this on his income tax as income when his dad is responsible for his tuition. As well, these RESP withdrawls are from the side of the RESP that the money in the RESP has made - what about the money that is still sitting there (the untaxable part)? Is my son entitled to any of this money? And my last question is if my son has had to claim $21,052.76 worth of RESP income but his tuition paid by dad was only $19,898.72 would he not owe my son the difference of $1,154.04?
    Any opinions/guidance on this would be appreciated. Thanks so much.

    ReplyDelete
    Replies
    1. This is my response based on the information you have provided: - my first piece of advice is to always try and go back with follow-up questions to the lawyer who assisted you initially with the separation agreement. He or she will have more of a background and context for your specific question and will better be able to address it.
      The tax arrangements you are describing are the usual tax arrangements - when the RESP contributions are withdrawn (and this includes the parent's contributions, the government's contributions and any growth) they are taxed in the hands of the child/young person. Since they are a student at the time, they likely have little or no income and so virtually no tax or no tax is paid. There is no "untaxable" part to the RESP in the end - the initial contributions are non-tax-deductible but growth is not taxed as long as it remains within the plan. The bottom line is when withdrawn, all funds in the RESP are taxed, in the child's hands.
      You raise other issues which are impossible to address without more information, on a blog. Here are some questions you need to consider: who contributed to the RESP (both parents or one) and when (before separation or post-separation)? Parents are entitled to use their contributions to off-set their proportionate share of responsibility for the costs. My advice is that you speak to a lawyer about the specifics. ....did your son actually pay any tax on the amount you quote? does he have other income? is he income splitting with anyone? why is this an issue - I am not sure I understand. No, I do not believe dad owes any money to son. Hope this helps.

      Delete
  74. I have an 18yr old daughter that started her first year in university (away from home) in the fall of 2013. Her biological father is still making his monthly payments. Is he obligated to help pay for her education? I had to ask if he could help and he is only contributing to her book fees which is less than $1k a year. Meanwhile, this is costing my husband and I about $20k/year. Thank you.

    ReplyDelete
    Replies
    1. This is my response based on the information you have provided: - the answer is "yes" but I would have to have more information and more of a context. You and your daughter's father are obligated to share her school expenses proportionately to your respective incomes (after taking into account any loans, grants, RESPs and so on). In other words, if his income is low, he will be expected to contribute less than he would if his income was high. Also, the fact that she is living away from home has to be taken into consideration in calculating the overall payments he has to make - he is not expected to pay the table amount into your hands each month, even while she is away at school AND pay his share of the school expenses. Please speak to a lawyer to provide more details and receive more specific advice - I cannot give that in this blog. Hope this helps a little.

      Delete
  75. Hi Aj, my 17 year old daughter has applied for a college program starting this September (when she turns 18) and I'm very concerned about obtaining assistance from her biological father for these post secondary educational expenses. She will need to live on residence as it is further away. As of right now I am receiving $200 per month in child support through the FRO - this amount is based on the original support order from when our daughter was 3 and includes a child care expense amount based on percentages of our incomes at the time. *i only filed this order with the courts/FRO 2 years ago when he stopped paying any money. The problem is he has had probably 25 different jobs in the last 14 years, and often (as is currently the case) self employed and making money under the table so I had never bothered to apply to have the amount of child support changed as it changed so very frequently. I have verbally and via email requested his income information and do not receive it. If I question him he says he does make more than he states on his taxes but never gives an amount. My question is - when I do try to get the amounts he will pay in child support (she will live with me during summers) and educational expenses, how will it look that I have never tried to amend the original amount (he makes way more money now) and also never refused the "child care expense" amount outlined even though she is obviously beyond those years? How will they ascertain the amount of money he actually makes when he probably is paid in cash (contractor) and admittedly lies on his tax returns?

    ReplyDelete
    Replies
    1. This is my response based on the information you have provided: - a complex fact-pattern for a blog: I simply cannot address the many issues which arise here...and there are MANY issues here, I have to tell you that, on both sides. Cash and many job changes are an issue for determining his income for child support purposes, no question about it. Not an uncommon scenario and courts have encountered it many times before. Often, lifestyle clearly shows that representations about income are not accurate and that there are sources of income which are not declared. The fact you did not vary is also of some relevance but then you would argue child support is the right of the child and you took what you could get. If he thought he was overpaying, he should have varied - the fact that he did not says something in and of itself. Again - you should present these facts, with more details, to a "live" lawyer and have a dialogue about your options. Please. I hope this helps a little.

      Delete
  76. I am contemplating whether it is necessary at this time to seek legal representation. My daughter will be turning 19 yrs old this year. She is currently enrolled full time through an alternative education program, which means a reduced course timetable. On top of this, she unfortunately has the equivalent to a ninth grader's credit level. Her mother confirmed recently that she is not attending school. After hearing this, I contacted FRO and was advised to fill out Notice to terminate child support form. The court order stipulates that my daughter must be attending full time education otherwise support will stop. Soon after, my daughter contacted me and told me she would be remaining in school. Honestly I believe this has much to do with the fact that the child support would be terminated, both mother and daughter understand this. I have been collecting my daughter's report cards since last year. Clearly they show her lack of attendence and motivation with school. She has managed to obtain four credits in two years. Now I find out that because of her age I no longer can request the school to share these records. The mother has not followed through on my request for a copy of the latest report card. What should be my next step, as I'm trying to keep record of her schooling? I understand support does not automatically stop because of the child's age. But, I feel that the situation is being taken advantage of by the support recipient. Through your experience, will the courts continue to have me pay support based on my daughter enrolling in full time education programs, yet not accomplishing the goal to graduate by not getting consistent credits? I have been told by another lawyer that the courts will likely enforce the support based on my daughter being still too young at 18 going on 19. Please advise if I should pursue this matter in court with legal representation at this time? I feel her past/present career in school shows that my daughter has no intention of graduating with a diploma. My intention is to take care of this in court one time, so I do not needlessly appropriate money towards legal representation. It seems straightforward, but do I need to wait longer before pursuing the matter in court?

    ReplyDelete
    Replies
    1. Cross roads: I am sorry but I cannot address facts as complex as this in a blog post. You really should get at least a consultation with a lawyer to understand what is involved in pursuing this before the Court. Many people represent themselves - the Court accepts that and is prepared for that - whether you decide to retain counsel or not is a decision you have to make on your own - I do not believe this is advice you can get from a lawyer. Consider this question: is it possible for someone to remove an engine from a car on their own? yes, it is possible....would it be easier if someone with the right equipment, tools and experience did it? sure, but that is not absolutely necessary. The cost is a consideration, of course. It is more likely the person without the right equipment will drop the engine in the process - yes but then the mechanic could do that as well.

      Delete
  77. My spouse and I are retired. He has a 20yr son which he paid 500. month support till 2yrs ago, after son worked full time and wasted all his monies on dope. At that time a termination agreement was signed. Now he is accepted at college away from his home and must pay 1800/semester plus 500/rent a month. The mother is insisting on reinstatement of support payment plus tuition/rent support. We are devastated because this will be a party time for him and waste this money. What do we do. We cannot see him use this as a successful job at the end with the bird courses chosen.thank you.

    ReplyDelete
    Replies
    1. Diane: this is my response based on the information you have provided: - some difficult questions posted and it's hard to answer them in a blog post. Bear in mind that child support is based on the income of the parents. If your spouse is retired then presumably, he has a reduced income - the court is not likely to expect your spouse to dip into capital to contribute to the school expenses. The fact that son will be living away from home to attend school is also something to consider - Mom gets a contribution to her household only when son is actually living with her (or prorated over the year) - it's not child support payments PLUS contribution to school expenses if so is not living with mom full-time. The son should also make a reasonable contribution to his own expenses. Given the cost of school these days, Judges expect that from the student. Hope this is of some assistance.

      Delete
  78. Daughter is in high school part time (taking 1 class) she just turned 18 and is working part time while living at home. She has a goal of college but wishes to take a year off to work after she completes this semester. Is Dad still obligated to pay child support? Thank you in advance.

    ReplyDelete
    Replies
    1. This is my response based on the information you have provided: - if I were acting for dad right now, I would tell him child support is not payable by him at present.

      Delete
  79. My daughter is completing her first community college diploma, and has been accepted at a recognized university. My understanding is that unless otherwise noted in my agreement, I am only obligated to pay child support until my daughter is over 18 and either no longer in full time attendence at school or completed her first post secondary diploma or degree. Can you please confirm if my understanding is correct, and if this would be a good time to discuss termination of my support payments.

    ReplyDelete
    Replies
    1. This is my response based on the information you have provided: - I note your reference to "my agreement" - if you have one, you should have specific reference to its terms. I do not know what it says so I cannot answer with direct reference to your circumstances. What I can say is the following: there is no legislation or law which says that support is limited to just one degree - whether a young person will be supported past a first degree depends on the circumstances of the case, including the incomes of the parties and other sources of available funds. There are cases in which parents contribute even to the expenses of medical school (which is well past one degree). Ending support in your case may make sense after one degree but I simply do not have enough facts to tell you that at this point.

      Delete
    2. Hi
      My stepson is 19 years old and was a full time college student. My husband paid his required 70% of tuition, residence, books and meal plan, approx. $10,000. My husband also continued to pay full child support to his ex-wife during this time. My stepson failed one of his core courses in the first term which prevented him from taking a full course load in the second term. My stepson did not inform us that he had failed. He then returned to school for his second term and quit school 5weeks later. Prior to him starting college he went back to high school for a "victory lap" semester to improve his grades, so that he would get into college. His grades were no better then the first time. After that semester he went to work for 6 months. My husband continued to pay support to his ex wife for that year. My question is: Stepson wants to go back to college and expects us to pay again, even though he has already wasted $10,000 for the first time. Are we required to pay for more schooling? Can child support be terminated now that he has moved back home with his mother and is working? Would child support be expected to continue if he decides to go back to college in the future?

      Delete
    3. *We are no longer able to respond to specific questions left under posts due to the high volume of such questions.

      *We enjoyed providing you with information in response to your queries so far but responding to all hypotheticals has become very time-consuming, a task we would only complete on our own free time.

      Delete
  80. My daughter is 19 and is currently in college full time. I receive table support for her. Her course will finish in April and start up again in September. If she works full time throughout the summer do I still receive table support from her father during these summer months? (Yes, she still resides at home) My son is 18 and not currently in school so I don't receive support for him. He will begin a full time college program in September 2014 and live away in residence. Should I still receive some support for my son when he starts school and is away in residence? (My ex-husband will be assisting with education costs for both)

    ReplyDelete
    Replies
    1. *We are no longer able to respond to specific questions left under posts due to the high volume of such questions.

      *We enjoyed providing you with information in response to your queries so far but responding to all hypotheticals has become very time-consuming, a task we would only complete on our own free time.

      Delete
  81. My son who is 18 finished high school at the end of January. He is enrolled in college and has secured a spot in residence for the upcoming fall. He is currently living at home with me, working part time, not attending school during this 6 month window. My ex husband has requested to stop paying support and also has no plans to contribute to the college fees and residence. Is he obligated to continue to pay during this time? There are no provisions for education in our divorce agreement at all from years ago.

    ReplyDelete
    Replies
    1. *We are no longer able to respond to specific questions left under posts due to the high volume of such questions.

      *We enjoyed providing you with information in response to your queries so far but responding to all hypotheticals has become very time-consuming, a task we would only complete on our own free time.

      Delete
  82. My son is going to attend college as an electrical apprentice in the Fall. I have always paid table amounts each year. His tuition is covered by the Union, and he will be receiving a growing regular income as his apprenticeship continues, with the exception of short periods while he is in school. Will this affect my child support obligations?

    ReplyDelete
    Replies
    1. We no longer respond to specific questions on the blog due to volume of interest.

      Delete
  83. Would an Ontario judge be likely to strike a FRO amount owning under the following circumstances?

    - the FRO amount owing was based on a separation agreement whereby the father agreed to pay the mother a $ amount even though the father was not working at the time of separation.
    - the term of that monthly payment was set in the agreement at 22 months.
    - the agreement specifies that after the 22 month period, support is to be set at table amounts, but also contains a clause that both parties must agree to the change.
    - the father did not have income over the 22 months but paid the agreed $ for the period, after which he had no income for a period of nearly 5 and 1/2 years now and had stopped paying support as per table amount after the 22 months, but without the agreement of the mother.
    -the mother submitted the claim to FRO who is not actively pursuing the matter but has taken some action, namely a wage garner (to no effect since no employment), they have filed the claim with credit agencies leading to a credit score in the bottom 2% of Canadians for the father (not his only problem, see below).
    - the father declared bankruptcy about 2 years ago, liquidated all assets including RSP and RESP as part of bankruptcy, with the exception of a LIRA which could not be touched, has no home, car, or other assets.
    - the father is now forced to take this to court to ask a judge to "strike the support claim since the FRO amount outstanding is not linked to table amounts and order the FRO to withdraw the wage garner, notify credit agencies accordingly, and withdraw from and close this file."
    - if put before a judge, what is your best opinion based on your understanding of this part of the law, is the ruling likely to be in favor of the father even though table amounts say $0 for a multi-year period, or rather an order to come up with the full FRO amount even though there was no income?

    With thanks,

    Ps. the FRO amount is about $65,000 now, the father has asked the mother to sign the FRO waiver which would end the matter but she refused, he has tried to negotiate a settlement of as much as $10,000 (an amount he'd need to borrow from friends/family) just to avoid court. Nothing seems likely at this point other than court for these two.

    ReplyDelete
    Replies
    1. Due to volume of interests, we are no longer in a position to respond to specific questions/posts, and in particular if they are this long and complex. You should meet with a lawyer to discuss this - the internet is not the right place to get legal advice.

      Delete
  84. HI, I was ordered to pay support to my x. and have been paying until I lost my job. I been going to court to stop payments since 2013. My son was living with me until he was 12. and the x was ordered to pay support. I never got any money from him. My x picked my son up for a few days. The x never came back and I did n't know where is was for years. In 2004 I was handed paper from FRO and been paying support to him. I don't see this as fair. So I paying support for him but just found out is on OD and been changed with three counts of child porn on two different dates. Once I heard this I've been sick in and out of hospitals coping with what he done. My question is do I still have to pay. I feel sick that I have to pay to someone like that. My son is 22 years old and the father now is saying that Steven has medical problem. I see this " if you are changed with a adult crime then he should have to pay. I need this support order to stop. Thank you, I hope you understand what I am trying to say.

    ReplyDelete
    Replies
    1. Due to volume of interest, we are no longer able to respond to specific questions and posts.

      Delete
  85. Hello

    I have a separation agreement which stipulates that child support will end when my child turns 22 years of age or upon the completion of his first post-secondary school degree. I have not seen my child for over 10 years due to parental alienation, yet I continue to pay my table amount and half of his post-secondary school costs. My ex-wife even keeps me in the dark about my child’s program of study, marks, or any means that he might have to contribute to his own education. I simply pay because it will cost more to go to court and case law is not on my side at this point. But as of this month, my child finished his first degree, and has also turned 22. My ex-wife tells me he wants to continue his education and wants me to continue paying support. I would like to terminate child support. Will the courts agree given the aforementioned circumstances? I don’t want to waste time and money going to court, nor do I want the angst that goes along with conflict. But at the same time, I don’t want to be abused or pay indefinitely for a child that wants nothing to do with me. What is the likelihood that the courts will terminate all child support should I bring this case before them.

    Thank you.

    ReplyDelete
    Replies
    1. Due to volume of interest, we are no longer able to respond to specific questions and posts.

      Delete
  86. My husbands son - with an 84 average - was accepted into two college nursing programs - both joint with Universities - and on the wait list for one univeristy nursing program which is also the affiliate of the college he was accepted to (Ryerson - George Brown). He did not accept George Brown offer as he did not like the campus but he has not put two and two together that he will be going to the same campus if accepted through the Univeristy side (two years at each campus no matter how you came into the program).

    The mother has convinced him he should go back to high school for a fifth year to improve his grades and hope to get into the nursing program at other univerisites the next year. HIs girlfriend is also doing a victory lap which may be an influence.

    He was and continues to be excluded from any major decisions by the ex-wife who has sole custody. He is not in agreement with the above decision as he would not be if they were still married. He has been accepted to two good schools in a very competative program.

    My husband has been paying over the table amount for CS for both children. The eldest son who has been attending university for three years in another province but he still pays the full CS plus 2/3 all of tuition and living expenses. Last year he was only home for 2 months and this year , his last year, he will not be coming home for the summer. He lives with his girlfriend and registereed to vote in the other province.

    Now the mother expects full CS for both children and forcing full CS for the second child with the 84 average to stay and do a half semester at high school after already graduating and getting into two post-graduate programs.

    Two questions:
    Can CS be renegotiated; is it reasonable to adjust payments so accomodate for the fact one child is no longer at home.

    Is there some way to get a say in a major decision like this where both the child and mother are unreasonable in expectations?

    Example argument: He does not like the GB campus and wants to go to Ryerson but is on the wait list (both students do two years at each campus anyway). He can't go to GB as he was sick with mono in the spring and therefore does not have the foundations needed and could fail, but if he gets into Ryerson, it's fine. These are the arguments we are dealing with and very worried the mother is influencing the child in such a way that jeapordizes the child's future.

    ReplyDelete
    Replies
    1. Due to volume of interest, we are no longer able to respond to specific posts and questions - this blog was not intended for that purpose in the first place but evolved that way due to interest. That being said, even if we were still responding to posts, your facts scenario is not one which can be addressed, adequately and fairly, in a blog post. Please do not rely on legal advice from the internet - you need to see someone with whom you can have a dialogue about these issues. BTW: does your husband know you are posting about this? There is some information in your post which, if read by the other side, might be useful to them. There is no privacy in the internet.

      Delete
  87. It's so hard to believe that taking one course in college is considered being a full time student. My questions is the ex and I will split the cost of the Tuition (I called and paid my half). Who will get to claim this at income tax time?

    ReplyDelete
    Replies
    1. Due to volume of interest, we are no longer able to respond to specific posts and questions.

      Delete
  88. My daughter is 19 years old and just graduate from high school this June 2014. Her last course at high school was OSAP 4 credit co-op program at Humber College. Now she has finish and to continue this course back in September 2014 of this year.
    The Cook Apprecticeship program. She did not register again because she will be continuing this Apprenticeship in September. She only works 10 hrs for the week.
    My guess is the court will need something to say she is attending a full time course. Is the Aprrenticeship Considered a full time program. Will the court still allow the child support above the tabled amount for post sendary education and other related expenses associated with this program. She is soley dependent on me. She will even be doing night school to get her chemistry and biology to do her univeristy course after 2 yrs from now to become a dietitician.
    Please advise. I have Court date on June 26th 2014 and dont know what the the court will say towrads this issue and the apprenticeship. Do you think the court will grant us this additional amount with the child support or the court will take away her existent child support now.

    Thanks

    ReplyDelete
    Replies
    1. Due to volume of interest, we are no longer able to respond to specific posts and questions.

      Delete
  89. 19 year old doing apprenticeship in septemebr of this year not sure if the court will continue to grant her child support

    ReplyDelete
    Replies
    1. Due to volume of interest, we are no longer able to respond to specific posts and questions.

      Delete

LinkWithin

Related Posts with Thumbnails