Child Support question (Alberta): My daughter turned 18 in…

Child Support question (Alberta): My daughter turned 18 in June and has been accepted into university starting this fall. I let her mom know in November that I have put provisions in place to cover all of my daughter's education expenses and provide room an board for free in place of continuing the support payments as per the tables (court order) . My daughter has said that she will stay with me during the week and go to her mom's at weekends as the Uni is a few blocks away. After 7 months and a recent reminder, her mom let me know the day before the normal support payment is due (today) that she is expecting the full table amount immediately and for the whole time my daughter is in education. I will seek local legal advice ASAP, however my immediate question is: If I do not pay the normal support immediately (even though the circumstances are vastly different than they were over 10 years ago when the court order was set up, and that I tried to make an agreement with her mom starting 7 months ago) will this affect my chances of a favourable outcome if we end up in court.

Lawyer's Assistant: Have your daughter and her mother talked to an Alberta lawyer about this?

It's a shame that you left it until the very last moment to respond to my invitation sent in November 2017 to be involved in preparations for when ***** reached the age of majority. As I have been informed and understand the situation, when ***** reaches the age of majority and is in full time education, it is primarily the responsibility of the parents to come to an agreement regarding support arrangements. This was the purpose of my email in November and my reminder note at the beginning of June with the support payment. As you did not respond to my messages with an objection or alternative plan I assumed that you were in agreement. Particularly as the current support payment in accordance with the tables was based on circumstances (over 10 years ago) that were totally different than they have been lately and vastly different going forward.Now it seems that the opportunity for us to come to an agreement that has Alisha's best interests at its core has passed and, with your application to MEP, we are headed down a legal path.For the record, I would like to shed more light/correct some of the information in your email:Section 7 has worked well between us? - Notices to Disclose, court appearances and your failure to uphold your part of the agreement would suggest otherwise
My Income details have been provided on time every year (with 2018 now likely due when the MEP ask for it). I have not seen one from you for over 3 years, and never the full T1 as required
The grants for education were the standard RESP grant totaling $2000 over 4 years based on my contributions. Alisha has not contributed to the RESP that I set-up - does she have another one?
In line with the court order, previous years child support payments were always as per the tables based on previous year tax return, that you have always been provided withIf you are willing for us as ****** parents to work together to come to a mutual agreement that has ***** best interest as a priority (the preferred course by the family law organization) then this is the course I would prefer, before we need to engage legal representation and take up the time of the courts.From: 'Daughter's Mom'@hotmail.com>
Sent: June 30, 2018 4:09 PM
To: ***** *****
Subject: Re: ******* Future Plans (and Mine)
Good afternoon,No i have not planned for any changes - as the definition of "child of the marriage" doesnt change due to age, rather status. As you rightly stated, ***** continues her full time education, and Yes, likely for 5 to 7 years more - and as such Child maintenance continues, unaltered.Annual amounts are calculated according to the tables; so that addresses any change in income you experience to ensure maintenance stays fair and equitable. Section 7 expenses will still be shared going forwards - I see no need to change our past arrangements which, I trust you agree, have always worked well between us.I realise we both owe tax return exchange - I didn't receive yours for this year or last - but that's easily remedied and I am not in any hurry.Its good both you and Alisha worked to cover her education expenses; you with applying for grants and her by contributing her earnings when she was able to work.My colleague in the office next to mine " Child Support officer" provided me with the forms to submit to MEP. You and I have never had to go this route before - but I registered us in the Edmonton office a few weeks ago, just in case you prefer to have them assist at this turning point in your career.As for the previous years maintenance I have trusted your calculations implicitly - so I am happy to continue this way, also.A payment therefore, for July, will be due this week end to keep your payment records in good standing.Yes, I can confirm, again, whilst ***** is in full time education - my benefit cover for her, is viewed in the same light as child maintenance and as such will not change. ***** remains covered in full.Thank youFro

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

Above are the emails. I am not sure if she has spoken to a lawyer - she appears to be getting advice from her government office I have tried opening communication - 7 months ago, but no response

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

There has been a history of issues - me having to go to court to get access back, being reported to child services (all unfounded) and problems over getting her income details yearly