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 Capitano_Blaugh
Joined: 3/18/2008
Msg: 141
How To Continue Child Support When The Child Is In CollegePage 6 of 11    (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11)
http://canada-justice.net/eng/pi/sup-pen/10/faq.html#q9




9. Does a child enrolled in post-secondary education still qualify for child support?

The Divorce Act recognizes that, in some cases, children at or over the age of majority may continue to require support.

The Divorce Act does not require parents to continue support to children at or over the age of majority who are pursuing a reasonable post-secondary education. If both parents agree that they will not continue support, then there is no legal obligation on the part of either parent to do so under the Divorce Act.

However, if the parents cannot agree whether to provide support, then one parent could seek the support from the other parent. In such cases, the courts have the discretion to determine whether there is an obligation to support the child.

If the court determines that a child is entitled to support under the Divorce Act, the parents may then agree on a suitable amount of child support. If parents cannot agree on the amount of support, the court will decide. The court has the discretion to apply the amount listed in the Federal Child Support Tables as if the child were under the age of majority, or to determine a different amount given the means of the child, including any income the child may receive, and both parents' ability to pay.

Even before the child support reforms were introduced in May 1997, the courts had the discretion to provide child support for older children who were pursuing a reasonable post-secondary education, as well as the discretion to set an amount.

Under the federal guidelines, the paying parent can request from the other parent, in writing, any current information about the status of any special expenses for education to which the paying parent contributes.


In other words, as I read it, if the CP pushes hard enough (at all?), CS will continue.

There was a case that went to the Supreme Court as well that had the child suing the father for support while going to university and she won. I can't remember the case name.

My lawyer was the first one to give me the heads-up on this waaaaaayyy long ago when I first got separated. I'm pretty sure it's written right into my agreement and probably many others as well.


 Capitano_Blaugh
Joined: 3/18/2008
Msg: 143
How To Continue Child Support When The Child Is In College
Posted: 10/18/2008 5:25:40 PM
But that is under the Divorce Act - what if you were never married?


Believe me, there is very, very little difference in law whether or not you were legally married. The ONLY difference, according to my lawyer, is that if you are legally married the divorce MUST be dissolved by a judge. Common law can be dissolved without a judge's stamp, and the two parties can come to their own agreement, but it most often comes to a legal decision if the two share assets and kids.

If kids were involved and the couple were common law, which is can be as little as 6 months, the only difference is a Separation Agreement vs a Divorce Decree.

Division of assets, Child Support, Spousal Support are all exactly the same.

 ChocolateNutt
Joined: 6/25/2006
Msg: 145
How To Continue Child Support When The Child Is In College
Posted: 10/19/2008 4:03:57 PM

Common law can be dissolved without a judge's stamp, and the two parties can come to their own agreement, but it most often comes to a legal decision if the two share assets and kids


You have to be living together for a period of time before being considered common law. Many, many people get pregnant without living together capitano, me included.

Nutt
 Capitano_Blaugh
Joined: 3/18/2008
Msg: 146
How To Continue Child Support When The Child Is In College
Posted: 10/19/2008 4:20:32 PM

You have to be living together for a period of time before being considered common law. Many, many people get pregnant without living together capitano, me included.


Not sure what I said that gave the impression that I was saying anything other than that in regards to common law or having kids without living together.

 ChocolateNutt
Joined: 6/25/2006
Msg: 148
How To Continue Child Support When The Child Is In College
Posted: 10/20/2008 4:33:11 PM
Sorry capitano, I didn't finish my thought.

Since many children are born not to common-law or married families, I am wondering how many people the support laws don't apply to, or what happens in those situations.

Nutt
 Capitano_Blaugh
Joined: 3/18/2008
Msg: 150
How To Continue Child Support When The Child Is In College
Posted: 10/20/2008 5:14:32 PM

Since many children are born not to common-law or married families, I am wondering how many people the support laws don't apply to, or what happens in those situations.


As Mike pointed out, the living arrangement of the parents doesn't matter at all if a child is born. If they split one can be held responsible for support, usually the guy.

Spousal support only applies to a couple who've lived together or been married. Even the amount of time for paying is the same, which is basically 1 day for every 2 you lived together if one party was the main breadwinner. This is assuming that the Separation Agreement between the couple living together went in front of a judge. That's how I understand it all from talking with a couple of different lawyers about this.

 SteveinHP
Joined: 8/12/2008
Msg: 152
How To Continue Child Support When The Child Is In College
Posted: 10/24/2008 5:48:26 AM
While your at it could you please try and find out why my kids haven't seen a dime of the $16,000.00 of child support my ex should have paid towards their lifestyle(including sports..etc..) for the last 6 years?.....


He has to pay for their "lifestyle"? Is this in the papers? I have never heard of a lifestyle clause...I know there is nothing in my divorce papers about this.

Irregardless of why he pays more for the other kids, he pays what he is ordered correct?


y comments might be based on my own personal experiences...I deal with it....it is what it is....but I take acception to indignant people such as the "posse" here that refuse to acknowledge the double-edged sword that exists on both sides of the fence....


What sides are you referring to, all you post is how much men who actually pay their support are scumbag deadbeats, and post like definite man hater.....
 Capitano_Blaugh
Joined: 3/18/2008
Msg: 155
How To Continue Child Support When The Child Is In College
Posted: 10/24/2008 11:36:14 AM

with regards to the op...she wants to do is collect back support to cover the cost of the education.


That's a pretty huge assumption to make. Nowhere does the OP say that there is any back support to be paid. You are just putting your own spin on things, liz.


but I will challenge you on that one....The reason I don't demand "guideline" support is because I didn't have an extra 5G's to challenge my current order....


It doesn't cost a thing if you go through the Family Justice mediator. You could have done that long ago, but you CHOSE not to do so. I say too bad to you.

I think you are just looking forward to having your ex's balls in a vice and are savouring the leadup to the time when you can blindside him, collect your pound of flesh and laugh all the way to the bank.


most of the arguements I have read come with demeaning insults...with a healthy serving of humiliation that was directed at the OP...among others**




That's rich... YOU'VE been the most insulting and caustic participant in this thread...

 Capitano_Blaugh
Joined: 3/18/2008
Msg: 158
How To Continue Child Support When The Child Is In College
Posted: 10/24/2008 7:10:25 PM

^^Your right....the OP just gives the history of how her CP was drastically reduced from one month...to the next...probably around the same time he decided to ditch his kids..and pregnant wife?...but I am sure he was reasonable and cooperative in paying what the guideline support was....right?


You know, liz darling, if it wasn't for you, I'd be having no fun at all in the fora. My God, your posts are just the best fodder for humour that I've ever seen.

You keep griping about how the OP's ex started paying less than originally, and you have ZERO evidence to back up your assumption that the guy did anything wrong, morally or legally.

I really believe that you see the world through the Every-guy-is-inherently-an-***hole glasses. You really oughta go see a professional about that bitterness.


You capitano, must be clairvoyant or have an over inflated ego to assume ....



I think lines like these are why I just can't pass up your goofy posts. I don't even slow down to look at car wrecks on the highway, but your verbal train wrecks are priceless.

I AM clairvoyant, in the literal sense of the term. A l'autre main, tu es, evidemmente, MALvoyant.


Your inability to remember what your arguement actually is...lol...


I DO remember what the OP is about. It's about a woman who, like you, didn't plan ahead, so now chooses to look backwards to see what she can reap (your word, I believe) from the ex while she still can.

You don't want a guy to move on with anything. Nail him, and continue to nail him for all you possibly can, I know. Why bother doing everything you can for yourself, after all.


I don't recall making any negative comments..


I know I came accross some man whining ...
...
okay...what are you smokin?....
...
....***can I get you boys some cheese to go with your whine?
....
Just to clarify things.....and dumb this scenerio down for a few of you who continue to argue guidelines ....


I guess we just subscribe to a different school of debating etiquette.....


....thanks for coming out though........NEXT.....


I agree. My God, I love your posts. My POF experience just wouldn't be the same if you weren't here babbling willy-nilly....

 Capitano_Blaugh
Joined: 3/18/2008
Msg: 160
How To Continue Child Support When The Child Is In College
Posted: 10/24/2008 8:00:01 PM

..bring it on..I am here to entertain you..


Thank you.....
 SweetnessInFlorida
Joined: 6/26/2008
Msg: 161
How To Continue Child Support When The Child Is In College
Posted: 10/24/2008 8:10:56 PM
Anyone remember that song Flagpole Sitta by Harvey Danger from the 90's?

"been around the world and found
that only stupid people are breeding"

 ChocolateNutt
Joined: 6/25/2006
Msg: 164
How To Continue Child Support When The Child Is In College
Posted: 10/25/2008 9:37:43 AM
I can sell a kidney? Cool, new furniture and linoleum in the kitchen. Oh yeah, and postsecondary education as well, I guess.

Nutt
 HappyMelbMan
Joined: 10/4/2007
Msg: 167
How To Continue Child Support When The Child Is In College
Posted: 11/3/2008 1:12:36 AM
Firstly, I think its very poor that he makes a commitment to have children then leaves them. But why should he have to continue to pay just because it helps you financially, its just plain wrong, imagine if the roles were reversed, and he was asking you for payment because he was in a low income and needed the extra cash.

I currently visit and spend lots of time with my child, and my ex uses the money to pay her house off, she has told me this. I ask, why should I have to pay her house off?

I am not having a go at you, but you need to see both sides.
 Capitano_Blaugh
Joined: 3/18/2008
Msg: 168
How To Continue Child Support When The Child Is In College
Posted: 11/3/2008 7:08:07 AM

^^^^Wow!...that is pretty harsh...wouldn't you say soccersweep?.....what about you capitano?...I'll bet you think it's okay for a father to hold his daughters education as ransom, if he dosen't get the terms he wants?....




As usual, liz darling, you are a hoot.

Gem's ex sounds like a bit of a d1ck, but he's not doing anything wrong from what I read. The daughter wanting to go to university sounds like she's been out of school for a while. SHE hasn't contributed to Gem's household and SHE'S part of it, unlike the ex.

Child support ended at 18 for both daughters, as it should.

What's wrong with the guy paying it to the kid? As so many of single mothers screech, CS is for the CHILD. If mother wants the kid to live there, she can charge her room and board or tell her to live elsewhere.

Even Gem decries the unfairness of being obligated to pay for a kid's post-secondary education simply because she's divorced....

... Please take note, liz, BOTH parents are obligated, not just the guy as you'd like to see.

 ChocolateNutt
Joined: 6/25/2006
Msg: 172
How To Continue Child Support When The Child Is In College
Posted: 11/5/2008 6:47:03 PM
I think this post has moved on from a reasonable discussion about an issue to just some sort of strange foreplay :-o

Nutt
 SweetnessInFlorida
Joined: 6/26/2008
Msg: 173
How To Continue Child Support When The Child Is In College
Posted: 11/6/2008 6:13:33 AM
Never have and never will understand, how 2 people who chose to be intimate with each other and bring life into the world, spend all their precious time bickering over pettiness. Im SO glad i do not deal with an ex.
If you want to send your kid to college, and dad dont wont help, then do it on your own, women are not weak helpless beings, our fore-sisters fought for us to be equals, you CAN do it on your own!!! Dad fulfilled his parental obligation, as very well any parent should.
Its child support, not adult support. A collge student is not a helpless child. How about teaching them to be self-reliant, so they dont end up becoming one of those dreadful single moms that do nothing to better their lives or their kids lives.
 SweetnessInFlorida
Joined: 6/26/2008
Msg: 177
How To Continue Child Support When The Child Is In College
Posted: 11/7/2008 5:21:35 AM
Is child support determined by the cost of living in the are you live in? 600 dollars is sure is going to go a loooooooot farther in Canada or the Northern US than it is on a tropical resort island town. Im sure it costs more to raise kids in Hawaii than it does in a snowed in bunglao in Saskatchewan, is spport adjusted accordingly to where you live?
My survivors benefits are not, they will remain the same whesther we live in Hawaii, Japan, or Antarctica, but was wondering if people who had Ex's paying their support had it based on cost of living in their area?

Where we live, it costs us 2 grand for a 2 bedroom,
Average cost for a studio apt is 1,200
1 bed,1,600-1,800.
2 bed 2,000-2,500
3 bed 2,500-3,000.00
4 bedabout 3,500-4,000.


My electric alone runs about 400-500.

No moving isnt a choice we are willing to make either, this is where my family and i come from and the Keys are home to us, and i enjoy raising my kids in a small island community as opposed to a big city or McSuburb.

and i sttill would not feel entitled to this guys money once the kids turned 18.
 philrook
Joined: 1/20/2005
Msg: 178
view profile
History
How To Continue Child Support When The Child Is In College
Posted: 11/7/2008 12:26:45 PM
So as far as post secondary education is concerned I think the law is a pretty good rule to follow. Here in Ontario a child is the child of the marriage until he/she is 18 or older if they are in school full time. The limit is until they get their first degree. Sounds good to me but what does that mean. It means that school expenses like books, and tuition are split income proportional. Living expenses like food, shelter, and other necessities are more complex ... these are the expenses that child support is suppose to cover in the first place so if its a sole custody arrangement then rent while the kid is at school is covered by the custodial parent. Split custody then rent is split 50/50.

None of this is rocket science. Its very clear when you read the child support guidelines that a lot of really smart people with kids have put together and that have been turned into law.

Moralistic committments to your children outside the law, although well intentioned, can't lead to any constructive dialogue other than enflaming emotions. Yes I'm talking to you Liz.
 Capitano_Blaugh
Joined: 3/18/2008
Msg: 180
How To Continue Child Support When The Child Is In College
Posted: 11/8/2008 7:31:37 AM

There are allot of you who have choosen to ignore the past circumstances of the OP ....and have choosen to only debate the present arguements about paying for a child over the age of 18 to go to college.....it isn't rocket science..


Oh, stop it, liz. Most of us HAVE addressed precisely what the OP POSTED about her situation, not what you chose to read into her story.


I am emotional..I am constantly amazed at how many of you guys are not....


Believe it or not, liz, logic, reason and fact-based discussion are your friends when discussing things.


 SweetnessInFlorida
Joined: 6/26/2008
Msg: 184
How To Continue Child Support When The Child Is In College
Posted: 11/9/2008 8:03:11 AM
Im quite with pisces on that one. i have no tolerance for parents who dont support their kids, (man or woman), but the thing is............the college bound student is
NOT. A. KID.
Which means either the parents pay for college Voluntarily, or the "KID", gets a job.
I do want to send my kids to college on my dime, and will take the necessery steps to get them there. Their fathers arent going to help, one has signed off legal rights and I have written him off (and i am not bitter or whining, i am ok with that, just is what it is, cant change things can only move forward) the other has taken up residence in the local cemetery, so it will be all on me. And thats ok, because i chose to have them, and will do whatever it takes on MY part to provide for their educations.
 john1602
Joined: 5/17/2008
Msg: 188
How To Continue Child Support When The Child Is In College
Posted: 11/16/2008 9:38:21 PM
Contact a lawyer and take him back to court for post secondary education expenses. The catch is they must be full time student and maintain good grades, but still it's up to the judge. Check into financal aid from government and collages. Fill out the fasfa form , that's government aide. If your income is that low you should get a lot of help. Just talk to collages. If you have a court order stating he's suppose to be paying support and he's not then he's in violation of that order and if you take him back to court ask court to have him pay for your attorney fee.
 Capitano_Blaugh
Joined: 3/18/2008
Msg: 192
How To Continue Child Support When The Child Is In College
Posted: 11/17/2008 4:37:36 PM

.....and since you went to college....you MUST know the first lesson in ...well any class you take....Your message depends on how ya deliver it!!!


Why the hell would they tell you that in every college class?

I guess I didn't hear it because I went to university for my degrees.....

And, you really ought to thank pisces for correcting your spellling. Like many others I used to make collages when I was a kid, but I've never attended one....


OMG...BTW....you might totally want to reconsider adding some " sweet n low" to your delivery...cause ya know....not alot of people like to listen to sourpusses...*just sayin*......JMO.....


liz, from you that is hilarious.....

As you point out, there ARE many ways to skin a cat, which is what many in this thread have tried to point out to the OP. The problem many of us have with her approach is that she wanted to hit her ex up for adult offspring who wanted something of a free ride through college.

Cheers and keep the goodtimes rollin'. I enjoy the laughs.

 SweetnessInFlorida
Joined: 6/26/2008
Msg: 197
How To Continue Child Support When The Child Is In College
Posted: 11/20/2008 9:34:04 AM
Forgive me for saying this;

But reading these entitlement attitudes, (an i am not excusing men who DONT support ther kids, rather i am talking about men who DO and HAVE, and the woman just still wants to suck him dry like a leech)

no wonder your men split.
 SweetnessInFlorida
Joined: 6/26/2008
Msg: 201
How To Continue Child Support When The Child Is In College
Posted: 11/22/2008 6:36:46 AM
I dont think it is that father view their kids as a financial strain and dont care about their education, i think they want their vulture-like baby mama's to LEAVE THEM ALONE.
Once your kid is 18, it is no longer a kid. Hello, anyone home?
BTW 18 years is long enough to get your own S*** together enough so that you dont have to whine to some poor dude who made the mistake of sleeping with you 18 years for cash.
 SweetnessInFlorida
Joined: 6/26/2008
Msg: 207
How To Continue Child Support When The Child Is In College
Posted: 11/23/2008 9:10:52 AM
No my kids bags arent "packed" as soon as they turn 18.
I will fund their education, and allow them to live at home if they choose to do so. If they choose to live in a dorm, i fully expect them to seek employment and pay their living expenses, and if they live at home, i expect them to seek employment and pay for their food, car and gasoline, clothing, etc.
I certainly will not be sitting around crying helpless when that time comes.
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