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Getting a Variance, (when kids live in both homes)



 
 
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Old July 30th 05, 07:00 PM
ViSta
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Default Getting a Variance, (when kids live in both homes)

I'm in Canada. One fine summer day, my eldest says she wants to live at
her Dad's for the month of August. Her friends live in his area of town
and he has agreed to it. Seemed simple enough, she'd return for the
school year the first week of September.
Uh, huh.
Well, it seems there was no variance for support in the agreement and
now she's stuck at her Dad's or I take his offer of 70% of the support
in cash. (I accept his rational but don't want to depend on this
arrangement) The agency that deducted his payments at source won't take
it from him anymore because the child's move terminated our contract
with them. They confirm that he faxed a request to resume deductions.
Our real mistake was telling them I'll guess. There was no
onus/responsibility for them to warn us.
I'm going to court this August. It's been a year. So I will take a
letter from daughter to court asking the judge to install a variance.
She graduated this year and I'm including a request for contributions
so long as she's in school. Dad wants support to end now she's 18. Glad
I didn't take him up on his offer!

---Anyone with a suggestion that won't slam my ex with the entire
debt? Today I'm of a mind to ask for up to 50% of expenses not covered
by a student loan.

  #2  
Old July 30th 05, 07:27 PM
Bob Whiteside
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"ViSta" wrote in message
ps.com...
I'm in Canada. One fine summer day, my eldest says she wants to live at
her Dad's for the month of August. Her friends live in his area of town
and he has agreed to it. Seemed simple enough, she'd return for the
school year the first week of September.
Uh, huh.
Well, it seems there was no variance for support in the agreement and
now she's stuck at her Dad's or I take his offer of 70% of the support
in cash. (I accept his rational but don't want to depend on this
arrangement) The agency that deducted his payments at source won't take
it from him anymore because the child's move terminated our contract
with them. They confirm that he faxed a request to resume deductions.
Our real mistake was telling them I'll guess. There was no
onus/responsibility for them to warn us.
I'm going to court this August. It's been a year. So I will take a
letter from daughter to court asking the judge to install a variance.
She graduated this year and I'm including a request for contributions
so long as she's in school. Dad wants support to end now she's 18. Glad
I didn't take him up on his offer!

---Anyone with a suggestion that won't slam my ex with the entire
debt? Today I'm of a mind to ask for up to 50% of expenses not covered
by a student loan.


Mysuggestion would be to work out an arrangement privately for how the two
of you will pay for your daughter's post-secondary education expenses.

You'll have to check on Canada family law, but in the U.S. once a CS order
lapses it cannot be reinstated for an adult child that has already reached
the age of majority. CS orders for adult children attending school are
technically extensions of the CS orders for the care and maintenance of
minor children. If there is no order it cannot be extended.


 




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