Canada Family Law

Have a Canadian Family Law Question? Ask a family lawyer.

Ask an Expert,
Get an Answer ASAP!

Canada Family Law

My 18 year old daughter is now going to community college in

Customer Question
the fall , my ex...
My 18 year old daughter is now going to community college in the fall , my ex husband has been paying support for her and her sister , now that she is going to collage in the fall does he still pay child support and if he does is he also required to pay half of her schooling plus his child support . He says no
Submitted: 1 year ago.Category: Canada Family Law
Show More
Show Less
Ask Your Own Canada Family Law Question
Answered in 2 hours by:
7/4/2016
Family Lawyer: ulysses101, Lawyer replied 1 year ago
ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,666
Experience: Over 10 years litigation experience in family, criminal, and civil law
Verified

Hello, thank you for the question.

Is he now paying support for two children, and wants to go to paying for one? How old is the other child?

How much does he earn? How much do you earn?

Is the child staying on campus in residence, with a meal plan, or living at home with you?

What province are you in?

Do you have a court order or a domestic contract that deals with support? If so, does it say anything about support when the child turns 19?

Ask Your Own Canada Family Law Question
Customer reply replied 1 year ago
He's paying for both but wants to use is child support payment to pay for schooling plus a little extra , our other daughter is 16 . he earns between 55,000-75,000 and I earn 52,00 . Child will be staying in apartment for the year because the campus does not have housing . We are in Nova Scotia
Family Lawyer: ulysses101, Lawyer replied 1 year ago

OK, when the older child is at school, will your home be the child's "home base" still? Child will spend holidays and summer at your place? And if you're a typical parent, you'll be buying groceries and cooking and doing laundry for the child still if you're close enough?

Ask Your Own Canada Family Law Question
Customer reply replied 1 year ago
she will be staying with me on holidays and summer , this is only a 1 year course and she will be done if she doesnt decide to take more courses
Customer reply replied 1 year ago
I am the typical parent , and will be cooking and taking perpared meals so she can freeze and heat at a later date and I am sure she will be a typical teenager and bring landry home when she visits
Family Lawyer: ulysses101, Lawyer replied 1 year ago

Then the older child is entitled to be supported. Dad should be paying guideline support for 2 children, based on his income, and a share of the child's extraordinary expenses for schooling, usually paid in proportion to income or as agreed upon.

But it's never that simple. Often parents get into disputes over what should be paid and to whom at this age. So let's talk about that.

Child support is your ex's contribution towards the basics of providing a home for the child: food, clothes, shelter, transportation. The basics.

On top of that there are extras for school. Tuition, books, lab fees. Sometimes parents agree, or the court orders, that other things will be "extras" as well, like a car or cell phone or new laptop computer.

The most common cause for a dispute is the cost of the child living at school. If the father is paying guideline support, then he's already contributing towards shelter, food, etc.. So when a support recipient comes to me to say that the other parent doesn't want to pay their share of the child's apartment, or residence and meal plan (which is very expensive usually), I tell that parent that the support already covers that contribution. If the other parent is going to contribute towards the apartment and meal plan, then maybe the support itself to the support recipient ought to cease.

Items like tuition and associated registration costs paid directly to the school are clearly "extras", but the other items are a grey area. Sometimes parents agree that the payor will pay a share of everything and pay it directly to the child. Sometimes the support payor is ordered to pay a share of just the extras, and then falls into arrears so that the child and primary parents have to cover those costs and hope that the payor catches up. In short, it can be as messy or as clean as the parents want it to be. As long as both can agree on something that's fair (enough) or a judge makes an order.

Looking at your question, you asked whether you could be asking for more than his offered 100-150 per month for "housing and food". I take the view that these items are already covered by the support contribution, but that tuition and books and such are not covered.

So the best place to start is the exisiting court order or contract, see what it says about extraordinary expense contribution (sometimes called "section seven" expenses). Parents exchange income information. Support for two children is adjusted to the guideline amount if it's not there already. Then the parents agree on a list of what's an "extra" and what's not. Then the parents add that up for the year.

From there, you see what the child can reasonably contribute towards their own exta costs if any. Have they applied for all available scholarships and bursaries? Is there an advantageous position for student loans? Has the child saved anything from part time employment? The child doesn't have to put every cent towards school, but there should be a reasonable contribution.

When the child's contribution is taken off the total "extras" amount, then the parents split the leftover proportionate to the income.

Anything the parents can agree to as fair is probably fine, but it's always a shame to see parents who have got along well enough for a long time brought back to court on this issue.

I'm getting the impression that you two haven't exchanged income information in some time. You should. There's no point in arguing about numbers before you both have your starting point. So send your ex your last couple of years of Notices of Assessment from your Income Tax Return, have the child add up the school costs and talk to the child about what their reasonable contribution will be, talk about the need to budget and buy used books, about working early to find a summer sublet for the apartment, to look into what a bus pass will cost if needed or whether the child is going to be taking a vehicle, make up a basic budget.

Men are strongly driven by money. I'm sure that dad offered the extra 100-150 per month because that's what he's prepared to contribute at the moment. But whether that's fair depends on the costs and the math. So do a budget with the child and present the figures to the father. Then at least you both know what's on the table and you're not arguing about whether what he's offering is "fair", since fairness is based on what a court would probably order rather than what he feels like paying.

Does that make sense? I know that's a lot to read and digest, but this can be a complicated issue, and very much determined by the specific facts of the situation. If you want to clarify something with me then that's fine, please respond. If I've answered you then I'd appreciate a positive service rating please.

Ask Your Own Canada Family Law Question
Family Lawyer: ulysses101, Lawyer replied 1 year ago

Our question thread is still open. I wrote a lot last time, and haven't heard back from you. Did my answer help? Is there more to discuss?

Ask Your Own Canada Family Law Question
Ask ulysses101 Your Own Question
ulysses101
ulysses101
ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3,666
3,666 Satisfied Customers
Experience: Over 10 years litigation experience in family, criminal, and civil law

ulysses101 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

78 satisfied customers

25 years in practice.

Legal Ease

Legal Ease

Lawyer

4,748 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

Jeremie John Martin

Jeremie John Martin

Lawyer

49 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Law Maven

Law Maven

Lawyer

20 satisfied customers

Lawyer & Instructor at Algonquin Careers Academy

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

< Previous | Next >

Related Canada Family Law Questions
I have been separated for 6 years and have agreement that
Hi, I have been separated for 6 years and have agreement that says I have full custody. There is some history of family violence and I believe my ex has some unresolved mental health issues. He has be… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
We lost connection. Alberta. My granddaughter 13 lives with
My granddaughter 13 lives with her dialogical dad nstep mother. My grandson 9 lived with father mom n dad deceased his brother took him out of province.I want legal rights for visitation and contact to him! I can only text my granddaughter every now n then but I've had no rights for her to come visit me… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
My ex lied about his income and refused to give his tax info
My ex lied about his income and refused to give his tax info we battled for almost 4 years and finally we are done. His arrears have accumulated to over 9000 so he is supposed to pay 300 to arrears a … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
I have a client who is getting divorced from her husband and
I have a client who is getting divorced from her husband and he has a large pension with a large, well recognised, International Oil and Gas Company. The main office for Canada is in Vancouver, but th… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
I have been Stasiuk for one year however we live together
I have been Mary Tim Dan Stasiuk for one year however we live together for 21 years, la what are my legal rights to an income … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
My husband and I purchased a house in July. He just
My husband and I purchased a house in July. He just blindsided me and says he wants a divorce. We have a 3 year old daughter. He wants me to leave the house, I don't want to go nor do I have anywhere … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
My boyfriends kids needs are not being met, they have been
My boyfriends kids needs are not being met , they have been moving around for the past few months , they haven't been in school this year, they have cas involved but yet they aren't doing anything. Th… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
Do I have to have a lawyer to go to court for my child
Do I have to have a lawyer to go to court for my child visitation rights? If not how do I get a court date? … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
I need some advice on divorce. I want to ask my wife of 35
I need some advice on divorce. I want to ask my wife of 35 years for a divorce and have some general questions… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
If is divorce has been granted and finalized, with a
If is divorce has been granted and finalized, with a separation agreement in place before, can one party then seek equity from a home? Do divorced parties fall under the family law act or the divorce … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
My husband broke my moms arm 18 months ago. he is a
My husband broke my moms arm 18 months ago. he is a narcissistic sociopath (diagnosed). He uses drugs and he was let go from his job just prior to our marriage and now I have the document from the hea… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
I have 50/50 custody of my kids, well last night my one son
I have 50/50 custody of my kids, well last night my one son decided he wants to live with me as he is scared of his father and unhappy there. What can I do? I phone the police and they said I could le… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
My girlfriend is from Finland and has been here since
Hi, My girlfriend is from Finland and has been here since December 14, 2016. She came here with Visitor Visa and now for her has granted Extended Visitor Visa what expires January 31, 2018. We underst… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
I was hoping you can give me some insight. I hired a
Hi, I was hoping you can give me some insight. I hired a contractor to install soffit and fascia on my garage. I gave him a piece of j trim from the house to match the colour, he purchased and picked … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
I would like to know if my son's dad has parental rights if
I would like to know if my son's dad has parental rights if he hasn't been around for 2 years … read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
In a child support issue, both parents are ordered to
In a child support issue, both parents are ordered to exchange tax information to facilitate expense sharing / determination of support amounts. If the payer refuses / fails to provide their tax or in… read more
ulysses101
ulysses101
Lawyer
3,666 satisfied customers
If I spoke with a lawyer and he gets disbarred, would he be
Hi, if I spoke with a lawyer and he gets disbarred, would he be penalized in any way if he disclosed info I told him when he was my lawyer? If so, what penalties could he face?… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
In british Columbia Canada I think there is a law in place
in british Columbia Canada I think there is a law in place for retro child support that limits it to 3 years from asking for it? what section would I quote to a judge on this law? there is no blamewor… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
4,748 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x