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Entitled or not entitled?

MineAndYours's picture

Submitted by MineAndYours on Tue, 02/14/2017 - 10:49am

DH has not received any documentation with regards to SD20s financial situation regarding the amount of her student loans she has received for the second semester or for Intersession.

All DH has is an email from BM stating that she did not send any documentation because SD20 does not need assistance this year for her post secondary education.

BM has stated that SD20 has applied and been approved for intersession as well and IF SD20 requires financial assistance in the future BM will forward the documentation that she thinks he will need.

DH does not have any of this documentation on actual amounts applied for and received since Jan 1.

This is the clause in the CS agreement.

1. BM and DH both agree that SD20 and SD15 shall be expected to save 50% of any earnings over 10 hours per week to assist in contributing to their post secondary education. In addition, both parties agree that SD20 and SD15 shall exhaust all sources of available funding including scholarships, student loans, bursaries and grants. All financial documentation shall be made available to both parents in a timely manner. Both parties agree that the primary residence parent shall assist SD20 and SD15 in completing all documentation in relation to financial applications.

My question is: IS DH entitled to this information and documentation even though SD20 does not require his financial help for this current year?

Comments

fakemommy's picture

Submitted by fakemommy on Tue, 02/14/2017 - 10:57am

Hm. I don't know though. SD is 20 and those are her financial records, not BM or DH's. I think it would be different if she were asking for money.

MineAndYours's picture

Submitted by MineAndYours on Tue, 02/14/2017 - 12:03pm

Just a side note to this...DH is paying a reduced CS payment (due to SD20 being above the age of majority and working herself) to BM for SD20 who for all intents and purposes is still considered a "child of the marriage" by support enforcement.

Thumper's picture

Submitted by Thumper on Tue, 02/14/2017 - 1:13pm

Since the co states that dh is entitled to it, sounds like a "MOTION to show cause" is in order. ???? What does everyone else think?

Allow sd to cough it up, maybe she and bm 'forgot' maybe it's an accident they didn't give it to dh (EYEBALL ROLL KEY) if not---file a motion.

Adult cs is becoming a new norm folks.

B22S22's picture

Submitted by B22S22 on Tue, 02/14/2017 - 4:50pm

I'm guessing, based on the fact that it sounds as though SD lives with BM, none of the DH's financials were used?

ESMOD's picture

Submitted by ESMOD on Tue, 02/14/2017 - 4:58pm

BM and DH both agree that SD20 and SD15 shall be expected to save 50% of any earnings over 10 hours per week to assist in contributing to their post secondary education.

To be honest, I don't think this is even LEGAL. They are not parties to the contract and the agreement. The agreement is between the PARENTS.

If he is not being asked to provide assistance, I don't think he needs the financial information though. Only if they ask him for money. If they go back and ask for retroactive money.. he gets to go back and look at retroactive docs right?

To what purpose does he need the documents?

MineAndYours's picture

Submitted by MineAndYours on Wed, 02/15/2017 - 11:32am

Actually there are recent court cases that expect the "child" to save 50% of ALL earning to put toward their post secondary education. This was a break for the skids on DH's part. Totally legal..and signed off on by a judge. If they do save or not is up to the kid..but DH is not responsible for the amount SD is expected to save.

The purpose of the documents would be for documentation of course.

How else would DH know if all available sources were exhausted? It comes down to carry over amounts...if there were a surplus of post secondary funds, once all available sources were exhausted, for the 2016-2017 school year; the carryover amount would be deducted off of the 2017-2018 school year's expenses. That is law.

It would be too late in 2018 to go back and say SD could have applied for XXX loan or scholarship in 2016, and didn't.