Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 08-09-2015, 07:59 PM
Member
 
Join Date: Jun 2012
Location: Kingston
Posts: 76
KW_Divorced is on a distinguished road
Default Is a child going to university still a child of the marriage if they...

...choose to move to their own apartment with their fiancee for her final school year? By moving in with her future spouse into their own place together, does this mean she has withdrawn from parental charge?

Trying to figure out whether this will affect CS I am paying to her mother. She is also self financed with no assistance required by both parents.

Any thoughts would be appreciated.
Reply With Quote
  #2 (permalink)  
Old 08-09-2015, 08:17 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,174
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Definitely not. They have their own home with a spouse, and it sounds like this would be a permanent arrangement so there would be no purpose to CS paid to the other parent as they are not supporting the 'child'.
Reply With Quote
  #3 (permalink)  
Old 08-09-2015, 08:24 PM
mcdreamy's Avatar
Moderator
 
Join Date: Jul 2011
Posts: 1,408
mcdreamy is on a distinguished road
Default

What is the difference between a 'fiance' and a female roommate while she is in studies, financially speaking? Doubtful she's removed herself from parental charge, and sex doesn't count.

I'd be more worried re: your comment on the kidlet being self-financed. Exactly how is that happening?
Reply With Quote
  #4 (permalink)  
Old 08-09-2015, 08:26 PM
Member
 
Join Date: Jun 2012
Location: Kingston
Posts: 76
KW_Divorced is on a distinguished road
Default

What i meant by self financed is that she is easily able to pay her own education, car and living expenses from her job she has. She took a year off school to build up funds, etc and is now set for her final year.
Reply With Quote
  #5 (permalink)  
Old 08-09-2015, 10:11 PM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,201
standing on the sidelines is on a distinguished road
Default

hmm living with the guy she is engaged to seems to mean that she is setting out on life on her own path. Its not like her mom has to keep a bedroom for her anymore as it seems she will not be moving back home after school is done.

I would say CS is no longer due to the mother but if you want to help the child out directly with a few bucks here and there then that would be nice.
Reply With Quote
  #6 (permalink)  
Old 08-09-2015, 10:37 PM
Senior Member
 
Join Date: Mar 2014
Posts: 2,890
rockscan will become famous soon enough
Default

Shes still a child of the marriage and youre responsible for her school costs. You may get away with paying the cs to her directly but this whole "self financing" is bs.
Reply With Quote
  #7 (permalink)  
Old 08-09-2015, 11:38 PM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,174
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

Quote:
Originally Posted by rockscan View Post
Shes still a child of the marriage and youre responsible for her school costs. You may get away with paying the cs to her directly but this whole "self financing" is bs.
Absolutely not, she isn't living in a dorm with roommates, she's living with an equivalent to spouse, is self sufficient and there is no cost to the other parent to support her. Sounds like school costs are already taken care of, she won't be going back to live with the other parent, there is no expectation that the other parent would maintain a room for her - no CS owed.
Reply With Quote
  #8 (permalink)  
Old 08-10-2015, 12:38 AM
Senior Member
 
Join Date: Feb 2013
Posts: 2,836
stripes is on a distinguished road
Default

I think the legal definition of "child of the marriage" includes either a child who is under 18 or one who is over 18 but has not withdrawn him/herself from parental care, for a variety of reasons, mainly disability or postsecondary education. I can't recall the exact wording. It sounds like the OP's child has withdrawn herself from parental care if she is completely self-supporting and independent of Mom and is living with a fiancée, even though she's still going to school. I would think CS would be finished. (However, I also think it would be appropriate to help her out with school costs, even if there's no legal obligation).

(Just looked up the relevant legislation for Alberta, and it says pretty clearly that CS will not be enforced by MEP for adult children who enter an "interdependent adult relationship" - https://justice.alberta.ca/programs_...ltChildren.pdf)
Reply With Quote
  #9 (permalink)  
Old 08-10-2015, 08:36 AM
Senior Member
 
Join Date: Mar 2014
Posts: 2,890
rockscan will become famous soon enough
Default

So what happens when they break up? She goes back and begs? Many kids now enter into these relationships so they qualify for OSAP. She should have higher student loans? Im not saying you pay an astronomical CS amount but its two kids going to school isnt it? To me it sounds like youre ok with her living in a low income situation. If you can help her you should.
Reply With Quote
  #10 (permalink)  
Old 08-10-2015, 10:11 AM
blinkandimgone's Avatar
Moderator
 
Join Date: Feb 2010
Location: Lucknow
Posts: 5,174
blinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura aboutblinkandimgone has a spectacular aura about
Default

That's part of being an independent adult, which they have chosen to do. Cs is for the parent to maintain a home for the kid, no home is being maintained om their behalf. It's VERY straightforward.

Should he chose to help her out with school costs or living costs periodically on his own is entirely up to him, but the other parent is no longer involved in the financial transactions between him and the kid.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
child support while child is in university verytiredmother Divorce & Family Law 43 01-13-2013 03:02 AM
Post Secondary Education Ginger_Mallow Divorce & Family Law 39 12-11-2012 08:18 PM
Access Unevenplayingground Divorce & Family Law 34 10-27-2012 08:02 AM
Child support adult child withdraws from University Anxiety Financial Issues 9 01-01-2012 12:25 AM
child alienation---please your help brokendad Parenting Issues 16 07-02-2011 11:57 PM


All times are GMT -4. The time now is 11:01 AM.