Do I have to pay support if my son has graduated high school in 2011, ontario. He is 19 and I am getting him ready to enter college. I have a RESP I will be using to get him throught the first year. He is still residing with his mother in Ontario and my court order states when he is 19 and no longer attending a educational instutate, support can be stopped. Can you help me with this?
Province/Territory relating to question: Newfoundland and Labrador
I sent a message to you a little while ago
Hello, thank you for the question. Are you talking about whether you should be paying child support during the summer months between high school and first year post secondary?
At this time yes. However he has not been in school full time since late March. I have continued to pay support to date but my orginal court order states support is finished when: he turns 19 and is no longer attending a full time educational instution.
Sorry for my confusion. My son has not been in a educational institute since January of 2012. My court order states I am to pay support until he is 19 and is no longer going to school. I am still paying support. He graduated high school in June of 2011 but went back to school full time from September to the end of December, as a victory lap to up grade some of his maks. He will be 19 on June 28th of this year and is planning on going to college in September. Do I have to keep paying support?
That's dicey. Will he be full time this september? Was he full time for the first semester of the 2011-2012 school year?
He was full time for the first semester. Then he dorpped most of his subjects. He told me he hasn't been full time since January. In that time he then decided that he wants to go to college this fall. I brought the subject up with his mother and she threaten me . I f I don't keep paying support throught the summer and the next two years of his college, she will have my wages garnished and chuckled. I have been paying my support since January 2000 , 400. a month and never missed a payment. I am paying for his college this year as I have a small RESP that will cover his first years expences. She is contrubiting nothing. My son will be living with her until he graduates in two years.
11 years experience in Canada family law, plus criminal, civil, and employment
I guess I will keep paying for everything for the next two years. I do have a court order that states she is suppose to help with college. I will contact a lawyer. Thanks for your time.
Thank you for the accept and feedback. I'll tell you more, since you've paid for it.You could seek a variation to excuse you from paying for the short few months between the end of full time high school and the start of full time post secondary. But that would be a lot of time and grief, and since the child had concrete plans to do post secondary, and presumably was working to save some money for it, which should reduce the amount you have to contribute, it would be a toss up at court. Contributing to post secondary expenses is far different from child support.You said that you were going to contact a lawyer, and if you're serious about pursuing this then I definitely recommend that. However keep your botXXX XXne in mind; if you spend $3000 for an order that saves you 4-8 months of child support payments (and that's if you win) how much money have you saved? Better might be to let the support recipient know that you want the child to go to school so you aren't going to contest the period of the child not being in school, but you will be looking closely at the post secondary costs and you'll be expecting the child to be putting some of the money earned over this period towards that.Good luckUlysses