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This answer was rated:

Oh sure just trying to figure out my rights here. Ontario.

Oh hello, sure just...

Oh hello, sure just trying to figure out my rights here.

Lawyer's Assistant: What province are you in? It matters because laws vary by location.

Ontario

Lawyer's Assistant: What steps have you taken so far?

Well none. This is a tough decision for me. My daughters father hasnt been in her life since she was 4 months old. She's now 18 and applying for university

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm just wondering if I can have him pay for her education?

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Answered in 22 minutes by:
1/13/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,485
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear of this difficult situation.

Will she be living at home or going away to school?

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Customer reply replied 6 months ago
Hello, yes it's difficult more for her. We're not sure where she'll be staying just yet. Really depends on where she gets accepted.

I understand.

The law is clear and her biological father is required to pay support. This is the case so long as she lives at home when not away at school.

If she lives at home he will have to pay you full basic monthly support based on his gross annual income. And he and you will both have to contribute to her school related expenses in proportion to your respective incomes.

If she ends up living away at school then he will have to pay you 1/3 of the basic monthly amount (to reflect the fact that she is away at school for 8 months of the year) and then again you both contribute to the school expenses and this would include room and board.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 6 months ago
Just one last thing, or two actually.
1. Can I get retroactive support at this point? Keep in mind he hasn't been in her life for 18 years.
2. Could I just get him to cover her education without getting regular support payments?

1. Yes but it's not likely a court would agree to go back more than three years if at all. You have to show why you did nothing until now to get support.

2. Yes you could.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,485
Experience: Lawyer
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Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 6 months ago
Thank you, you've been a great help. Have a good weekend.

You are very welcome.

Same to you!

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