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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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I reside in Ontario, Canada. I currently pay child support

Customer Question

I reside in Ontario, Canada.
I currently pay child support for 2 children. One is attending College.
I have been paying the full child support to my ex-wife with the understanding that 50% of the child support
should be going to the child attending College for tuition and living expenses. I also pay an extra $400 a month during the College year for extra expenses. My ex-wife seems to think "this money is intended for the children to live in a manner enjoyed at the other parents home, not to be divided up and given to the child which \always happens anyways."So I'd like to know if my child support should be considered as going towards my portion of the child's post-secondary education expenses. I wish to point out the child does work in the summer and I believe she has OSAP but my ex-wife will not divulge this information.thanks
Submitted: 2 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 2 months ago.

Hello, thank you for the question. I like that it's to the point.

This will take some back-and-forth between us.

Let's start with the instrument that calls for support. Is it a court order, or domestic contract / separation agreement? I assume that the two children reside primarily with mother? Who has custody?

If the former, when was it made and at which level of court? If the latter, when was it executed?

Is the support being paid directly to your ex or through the FRO?

Customer: replied 2 months ago.
We've had court orders in the past and we now have a current domestic contract that was agreed upon and we then had it signed off at the local courthouse.
The child in question lives on her own near the College campus. She was my step-child and was considered loco parentis. The biological parent is apparently deceased. My ex is currently in a long term common law relationship.
My ex has full custody of the step child and we share custody of our other child.I pay the support directly to my ex and not through FRO.
I keep getting more and more pressure to pay even more for my step daughter. It is my understanding the court tends to accept the child should bear some of the expense of post-secondary education. Our court order states I am 70% responsible for expenses like Section 7.
Expert:  Ulysses101 replied 2 months ago.

OK, thanks for that.

What does the agreement say exactly about support and section 7? You can type it out here, or scan and attach or even take a photo of that page and attach if that's more convenient.

What's your relationship with your stepchild like?

When was that amending contract signed?

Customer: replied 2 months ago.
I've attached the relevant section. I have no relationship with the stepchild. I don't speak to her and the only communication is about money which happens a few times a year. The amended contract was signed off about 2-3 years ago.
Expert:  Ulysses101 replied 2 months ago.

Regarding that stepchild, why are you not having any kind of relationship? Did she reject you as a parental figure? if so, when did that happen?

Customer: replied 2 months ago.
The case was made I was the "parental figure" during early court proceedings. I agreed to this at the time.
The court proceedings were acrimonious and my ex painted a pretty nasty picture such that the step child had no interest in continuing any form of relationship with me. That would have been in 2006/7
Expert:  Ulysses101 replied 2 months ago.

And that order you sent appears to be from mid 2007. It mentions three children, what's going on with that?

And can I see the relevant portions of the amending agreement?

I'm going out for lunch with my son, I'll be back this afternoon and we'll continue.

Should I assume that your ex isn't giving you information about the child's attendance at school, costs associated, and your section 7 share? Have you been exchanging your annual income information?

Customer: replied 2 months ago.
The third step daughter went to 1 year of post-secondary...then worked and apparently is back in school (not sure about full or part-time). So we agreed my responsibility for her was complete.
I have some costs (no receipts) sent to me by the stepchild. No receipts for tuition, etc. I am convinced she is attending College though. She is in her last year of a RPN course. We exchange NOAs but did not last year. I also am not aware of what grants, bursaries or OSAP the stepchild receives either. To be honest, I've spent a lot of time and money on lawyers in the beginning and I just can't stomach attempting legal procedures again. I just want some concrete facts so I can make my ex wife hopefully understand how things should work.
Customer: replied 2 months ago.
I've attached a copy of the updated agreement. It's not the final version but the numbers are accurate.
Customer: replied 2 months ago.
I have another question for you when you get back....
When my son starts post secondary education, can I pay the child directly?
My son will be starting in 2 years and he won't be living at my ex-wife's house at that point.
Expert:  Ulysses101 replied 2 months ago.

Just checking in. I'll review the document you sent and read what you wrote soon.

This isn't a typical question, interpreting court orders/agreements as applying to stepchildren. Trust me when I say that it's complicated.

I'll reply later today after I've read and given it some thought. No need to reply, I just didn't want you to worry. You've paid good money to the site and I intend to give you that money's worth.

Customer: replied 2 months ago.
thanks.I'm not worried LOL
Expert:  Ulysses101 replied 2 months ago.

I'm back, and I'm very sorry that I left you hanging. Normally when I leave a question for 24 hours another expert will step in to finish helping the site's customer. Nobody did so this time, and I feel badly about that.

Something came up in my office and then I got busy over the weekend with family stuff.

If you have a subscription, you could ask the site to close the thread and to not have it count towards your question limit. If you don't have a subscription then you've put a cash deposit down to the site in order to start this question thread, and you can ask for that deposit back.

Maybe you have consulted with a lawyer of your own and got the help you need, in which case there's no reason for us to continue.

But if you want to continue, I'm here. I hope I can give you good information and value for the money you've given to the site. Shall we continue? It's entirely up to you.


Customer: replied 2 months ago.
Hi Ulysses,
I ended up consulting with a local lawyer. Thanks anyway.
I asked JustAnswer to refund my one off deposit for the question.
Have a nice day.David

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