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

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  #11 (permalink)  
Old 08-10-2015, 12:22 PM
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I agree with Blinkandimgone. From everything I have read so far, she has discharged herself from parental care if her and her fiancee have decided to move in together as they plan to marry next year. They will share living expenses, and act as if they are husband and wife. Not sure why under this scenario she would ever still be considered a child of the marriage.

That all said, of course I would help them out if necessary. I consider myself a a good parent and would always help my kids out, regardless of the circumstances.

I have another question (and maybe I should start a new thread??) but...for children who live away from home during school (and both my sons have and are not ever returning to live at home), do the CSG state what percentage of the table amounts I need to pay my ex? My lawyer states it's a lesser amount, usually, but he did not mention a percentage. Is it half what I would normally pay for 2 children at home? Any guidance would be appreciated.
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Old 08-11-2015, 12:44 PM
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In Alberta, MEP will not enforce CS for an adult child who has entered an "adult interdependent relationship", usually defined as a long-term co-residential arrangement with another person in which resources are shared.

I think that a child is assumed to be able to be removed from parental charge at the age of 18, unless the child is in school full time, disabled, or otherwise unable to support him/herself (not just unwilling, but unable). Once the child is 18, the onus is on the child (and the parent) to show that the child is unable to remove themselves if they want CS to continue. If the child is living independently from either parent, supporting him/herself financially, and in a de facto common-law relationship, they are clearly not under parental charge.
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Old 08-11-2015, 01:18 PM
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Quote:
Originally Posted by OntarioDaddy View Post
Does the law view fiances the same as spouses?

Kid will move in with a friend for last year of school. Whether they get married next year or never return home is just your guess.

How did kid remove themself from parental charge?
This would be considered a common law relationship.
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Old 08-11-2015, 02:58 PM
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I think CS is no longer payable to ex. You could argue that you will pay kid or review living expenses next year and reimburse kid. Im with everyone else who says just because theyre engaged doesnt mean anything. Kids are fickle and living together upsets the happy balance sometimes.
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Old 08-11-2015, 03:20 PM
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What kind of self-respecting person who is engaged and about to me married ask for child support. Its disgusting what people will do for money.... I hope my kids are better than this.
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Old 08-11-2015, 04:27 PM
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Quote:
Originally Posted by Links17 View Post
What kind of self-respecting person who is engaged and about to me married ask for child support. Its disgusting what people will do for money.... I hope my kids are better than this.

I dont think kid asked for CS. I think OP was asking if they had to pay the ex CS if kid has moved out with their partner.
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Old 08-11-2015, 04:29 PM
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Correct. I was only asking if I would still need to pay the ex, as I know she will insist on me continuing to do so.

My daughter would never ask for help, even if she was desperate. She is an amazing young woman and am very proud of her and would help her in a heartbeat if I knew she was in trouble.
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Old 08-11-2015, 04:31 PM
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Quote:
Originally Posted by OntarioDaddy View Post
I thought, at least in Ontario, common law was living together for 3 years or living together with a child. I didn't think saying yes, meant they were common-law now.

Who determines it in Alberta? If child moves into dorm, is kid common-law with roommate for sharing their kraft dinner long term expenses.

Child is still going to school like they always did. They just said yes to someone. Maybe next year they'll get married and kid will be no longer a kid. Or they don't and will go home as they normally do.

Why should you benefit now on a hope. Because I do hope my ex gets a promotion next year and would love to change support now.
"Legally", Ontario family law recognizes a common law marriage after three years. CRA, after twelve months. If the couple has a child together and lives together they are automatically legally common law without a waiting period.

"Is a kid common law with roommate for sharing their kraft dinner long term expenses?"

This is dumb. They live in school housing for the purpose of going to school, the roommate is just that: a roommate - not a romantic relationship partner. Obviously, this would NOT be common law and is a dumb question.

The school part is irrelevant for the most part as those expenses would be S.7 and NOT CS - if there are expenses that qualify. The child is self sufficient and living in an arrangement where she is there specifically for the relationship, not for school. The mother is no longer maintaining a home for the child. As such, no CS should be paid to the mother. They are living as a couple.

Again, should the father wish to contribute to the child's schooling or help the young couple out with their living expenses that is entirely up to his discretion. But this is most certainly NOT a CS situation.
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Old 08-11-2015, 05:12 PM
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This child is over eighteen and is able to remove him/herself from parental charge (and has done so, as evidenced by becoming financially self-supporting and entering an adult interdependent relationship). S/he is no longer a child of the marriage. The OP can simply stop paying support if s/he chooses, no court needed. If the OP wishes to continue to help the child with school costs, as most parents do, s/her can do so, but it's not CS.
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Old 08-11-2015, 06:21 PM
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Stripes is correct. I just read some caselaw on this recently and will post it if I can find it again. Key is the "removing themselves from parental charge" part I believe.
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