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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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My 17 year old daughter (turns 18 on July 15) moved in with

Customer Question

My 17 year old daughter (turns 18 on July 15) moved in with her dad 2 years ago after I asked her to leave as we were constantly at war over school & poor grades and bad attitude. I have full custody and joint guardianship and we have no new formal agreement or court order since she moved in with her dad. I expected her to return home after a short period of time but she never did because dad's house is more relaxed and she has no rules. She has gained 50 lbs. or more and has become a couch potato and was asked to withdraw from school (grade 12) this past January 2015 due to poor performance and there was no chance to catch up in time for graduation. I proposed to her dad that I would pay him $300/month to help cover monthly expenses which I have paid for past 2 years even though my daughter spends a considerable amount of time (less than 50% however) at my home and I also purchase other necessities as need be. My daughter recently enrolled in a continuing education program to complete grade 12 and only attends 3 hours per day four days per week. She refuses to get a part-time job even though her course load is minimal and her dad obviously is allowing this behaviour. My daughter now informs me that she is planning to volunteer all summer (June 20 - mid Aug) at a christian based camp. She will only be home 1 day per week (Saturday) so essentially she will only be home 8 days out of approx. 60. I told her dad that I did not feel that $300 per month for July and Aug is valid because she will literally not be home but I offered to pay $100 per month instead. He states that I am required to pay him whether my daughter is home or not and that he is consulting with his lawyer. I argued that he will have minimal expenses (food, utilities, etc) and his housing situation did not change before or after she moved in.
Do you have any advice?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
I have attached a copy of the email that I forwarded to her dad yesterday for your review:Hailey mentioned that she is going away to camp again this summer and will be gone from June 20 until mid August which is essentially 2 months away. She will only return home on Friday nights and leave again on Sunday mornings so she will only be home 8 full days from June 20 to mid Aug. Even if I factor in Friday night and Sunday morning as another day, she will still only be home 16 days out of 60 which equates to basically 25% or less at home...therefore I am only willing to pay $100 for July and $100 for Aug (Hailey returns home mid Aug which will be offset by leaving June 20).I expressed to Hailey that she should concern herself more with finding a (paid) part-time job as opposed to volunteering at camp this year but she disagrees. She said she will consider finding employment in Sept. if she feels like it but it doesn't seem to be a conversation that she wants to have. Hailey needs to realize that she is no longer a full-time student and even if she graduated this year the conventional way, she would be expected to find employment this summer until she decides what she is going to do in terms of attending a local community college to acquire the skills that she needs to find decent employment. She wants to take the Medical Laboratory Technician program at West Coast College or Stenberg College which are both located in Surrey and I actually think it is a realistic goal for her (and she does not need high grades) but it obviously does not come for free. She might want to consider employment to save towards part of her education or purchasing a reliable vehicle as well. Hailey is only attending school in the morning 3 hours per day x 4 days per week so there is really no excuse why she is not being expected to find a part-time job as opposed to sitting her lazy butt on the couch watching Netflix all day (as she puts it!).I have been putting money aside for Hailey for several years now through an RESP to help fund her further education but, as I explained to Hailey, just because I was diligent enough to save money for her education, does not mean that I will be the only person responsible for paying for it. The course that Hailey would like to take is approx. $15,000 and I have enough money in the RESP to cover this so I would like to propose the following to you as I assume that you have not taken the same measures to secure money for Hailey's college fund and it might be difficult for you to come up with a lump sum of money ($7,500) when the time comes:July 2015 to June 2016 - I do not pay support for Hailey which would be approx. $3,200 (including $100 for July and August)June 2016 - Hailey should have her Dogwood Diploma by thenJuly 2016 - Hailey turns 19 and support is no longer required...Hailey will be required to have a job to help contribute to her living expenses or save for carAug 2016 - Hailey will still have job to help contribute to her living expenses or save for carSept 2016 - Hailey continues to live with you and enrolls in full-time program which is approx. 9 months in duration and I do not pay for any of her living expenses during this time which would be approx. $2,700If you are in agreement to the above, I will pay the entire program fees / tuition to a maximum of $15,000If Hailey chooses to pursue education beyond this program, then she will be responsible for her own tuition through student loans, etc.If you would like proof in regards ***** ***** amount of money that I have saved in Hailey's RESP, I can take a photo of the document and email to you.Please let me know ASAP if you would like to consider this option.Thanks, Tanya
Expert:  Legal Ease replied 1 year ago.
What province is this please?
Customer: replied 1 year ago.
BC
Expert:  Legal Ease replied 1 year ago.
During the course of the year does the child live with the father for at least 60% of the time?What is you gross annual income?

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