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Court clarifies child support calculation for split percentage entitlements and awards applicant $17,000 in costs.
Following a family law trial, the court issued an endorsement to resolve issues raised in written submissions regarding the calculation of child support and costs.
The court determined the appropriate formula for calculating support when one child is entitled to 100 percent of the Guidelines amount and another to 25 percent.
The court dismissed the respondent's requests for further credits towards education expenses.
As the successful party whose offer to settle was close to the final judgment, the applicant was awarded partial indemnity costs fixed at $17,000.
The court determined the parents' proportionate shares for post-secondary education expenses and adjusted monthly child support.
This case involved cross-motions to change a final order concerning child support and Section 7 special and extraordinary expenses for the parties' two children.
The court determined the respondent's income and imputed income to the applicant for child support purposes.
It then calculated the parties' proportionate shares for the children's post-secondary education expenses, including the children's expected contributions and the treatment of personal expenses.
The decision also addressed the respondent's obligation to pay monthly child support, specifically for a child's "gap year" and for a child attending school away from home, providing detailed directions for retroactive calculation.
The respondent's request to terminate education expense obligations after four years post-high school was dismissed.