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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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  #21 (permalink)  
Old 08-11-2015, 06:50 PM
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CS ends at age 18 unless specific circumstances apply. The burden of proof is on the parent receiving CS to show why it should not end, not on the payor to show why it should. In other words, the payor doesn't need to prove that the adult child is autonomous, self-supporting, etc.
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  #22 (permalink)  
Old 08-11-2015, 07:06 PM
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No I am not from Alberta, but Ontario. I will speak to my lawyer about this however wanted some opinions from this board.
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  #23 (permalink)  
Old 08-11-2015, 08:46 PM
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This was sent to me earlier today. Some might find it interesting (new MEP Alberta policy)

https://justice.alberta.ca/programs_...geMajority.pdf

In Alberta MEP also has a child recalculation programme:

https://justice.alberta.ca/programs_...fault-old.aspx
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Old 08-11-2015, 08:47 PM
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The offspring is over 18 and has moved out of her parents' homes with the intention of remaining financially independent indefinitely. There are no more child-related expenses incurred by either parent, so CS is no longer needed. If either parent wants to give the daughter some financial assistance directly, that's their prerogative.

It's irrelevant that the daughter is in a live-in relationship.
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Old 08-11-2015, 10:34 PM
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Do you know how the daughter has filed her income taxes? I'd be interested to see if she filed common law.
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Old 08-12-2015, 09:18 AM
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A big portion of whether or not c/s should continue being paid is based off of the intent of the child.

If the child plans on going to university for the school year, then returning a parents home for the summer, than c/s continues. That parents home is considered their residential address.

If the child does not plan on living at either parents residence at any point in the foreseeable future, than the child has removed themselves from the care of their parents and thus c/s ends.

As many have mentioned, if the child lives away from home for school c/s could/should be reduced. The s7 expenses incurred by both parents essentially steps in to override normal c/s. C/S is the proportional share the NCP pays the CP to raise the child. The concept is that the CP also will contribute out of their own funds to raise the child, I'll call it CP-C/S.

CP-C/S + NCP-C/S = what the government figures it will cost to raise the kid. While there is no hard and fast figure for CP-C/S, lets just consider that it exists as NCP-C/S generally doesn't cover all the costs associated with maintaining a similar lifestyle the child would have if their parents remained together.

When the child goes to school NCP-C/S and CP-C/S essentially become s7 expenses, as the amounts either parent would have paid in c/s is now paid by covering the kids food and shelter (the basics of c/s) via s7.

Anyway, all that said, whether the child has removed themselves from the care of the CP and whether c/s should stop boils down to the intent of the child. If the child has changed their residential address and only intends on going to their parents to visit, than the child no longer "resides" with their parents. They have removed themselves from their parents care. I don't think any judge would require c/s to continue if the kid provides and affidavit or goes on the stand and says they no longer reside with either parent and they don't intend to in the future.

IMO, if the child doesn't intend on going back to the ex's to reside, I would simply stop paying c/s. Advise the ex that the child has informed you that they have moved out the ex's house and do not plan on returning for the purposes of residing. That the child has therefore removed themselves from the ex's care, and as such, c/s ceases. That you will continue to support the child directly, and should the child for some reason have to return to their house to reside while still in school, you will resume paying c/s at that point.

It was mentioned by another that the ex has to prove the kid still lives there for c/s to continue. If they want c/s to continue, they will have to argue that the child still lives there, notwithstanding what the child says.
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Old 08-12-2015, 02:59 PM
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Nobody should ever be maintaining a lifestyle based on CS. If someone needs to downsize because CS stops they shouldn't be living there. CS could end at any time for any number of reasons leaving you in a situation you can't afford.
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Old 08-12-2015, 03:13 PM
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Quote:
Originally Posted by OntarioDaddy View Post
Just to play devil's advocate here...

While a portion of cs could be stopped to pay towards university s7 expenses, what if there are no s7 expenses. Would regular cs continue as usual?

If the argument is that CP needs cs to maintain child's accommodations, cutting it off would cause CP to downsize. Saying, don't worry I'll start paying in 10 months if child returns home, could be too late. Then what.

To me, it seems like the children missed eachother over the summer and got engaged. Even if child writes an affidavit saying they are in love and aren't coming home, you would have to take it with a grain of salt. History shows child needs CP's residence.
If the child (over the age of 18, notwithstanding school enrollment) moves out and has made their intentions known that their move is permanent, than c/s stops, period. If the child is still in school, and they do end up having to return to one of their parents houses, c/s would resume at the point when the child returns. S7 would cover the expenses necessary to be covered by the parents.

C/S doesn't continue just because the child, who has advised that the move is intended to be permanent, may end up having to move back. The law doesn't work on "maybe's". The child either is a resident of their parents house, or is not. If they are not, they have removed themselves from the care of there parents and as such no c/s is payable.

The fact that the kid could move back in is not sufficient reason to pay c/s.
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  #29 (permalink)  
Old 08-12-2015, 04:38 PM
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Quote:
Originally Posted by OntarioDaddy View Post
Just to play devil's advocate here...

While a portion of cs could be stopped to pay towards university s7 expenses, what if there are no s7 expenses. Would regular cs continue as usual?

If the argument is that CP needs cs to maintain child's accommodations, cutting it off would cause CP to downsize. Saying, don't worry I'll start paying in 10 months if child returns home, could be too late. Then what.

To me, it seems like the children missed eachother over the summer and got engaged. Even if child writes an affidavit saying they are in love and aren't coming home, you would have to take it with a grain of salt. History shows child needs CP's residence.
Or they may of had a steady dating relationship and decided they wanted to take it to the next level. With the bolded part it seems you are assuming that they didn't see each other over the summer.
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Old 08-12-2015, 05:16 PM
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Children wanna play house then perhaps an adult discussion should ensue... you move out on your own with Prince Charming the money-train from pops is over.

I agree with HammerDad.
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