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Child of Marriage ??? Yes or No?

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  • Child of Marriage ??? Yes or No?

    Scenario:

    Child graduates HS in June 2009 (age 18 yrs 3 mos old) with no plans to continue post-secondary but gets a summer job and saves some $$$. Moves out of custodial parents house in Sept 2009 into a rental with "friends" and planning to work.

    Spends from Sept '09 until approx. May '11 living on their own, paying their own way. Moves back in with one parent in May'11 & continues to work.

    After 2 yrs of no CS being paid and child of the marriage "independent", child decides to go back to school out of town in Sept '11.

    1st year all expenses paid between bursaries, RESP's and student loans. Child now going into 2nd year ... only student loans available as all other avenues exhausted.

    Given that the "child" is now 21 1/2 yrs old, working part time making $18/hr .. does either parent have a "legal" obligation to support (either via CS or via just paying kids' way)? The child resides year round in the city where they study ... neither parent needs to provide a "residence" for them as they only come to "visit" a couple times a year for a few days.

    For the record, both parents do "contribute" to things like groceries or throwing the child a couple hundred bucks here and there and/or whenever child asks and says they are short on paying their bills.

  • #2
    Some kids do ok in university and work part time. Others do not. Depends upon the course of study they are taking and how demanding their part-time job is.

    I think you have to look at standard of living. If the two parents hadn't divorced what sort of financial support would have been given to the adult-child. Child shouldn't be penalized for parents divorce.

    I could be totally out to lunch here but I think this is the way I would try to look at things, particularly if you have a reasonably good relationship with your ex. Do what is best for the adult-child and of course it should be done in adherence to the separation/divorce agreement and child-support regulations.

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    • #3
      to me there should be no CS payed. If one or both parents want to help with the costs they should deal directly with the future student. Once the child graduated high school, reached 18, moved out of home and started working full time that was it. They moved out for over a year and became independant.

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      • #4
        I would say no. The child no longer resides with either parent and as such, the child is emancipated.

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        • #5
          I doubt any court would order a parent to support this young adult. However, wouldn't any parent want to? I would certainly do what I could to help out a child who has matured enough to realize the importance of education and work towards it. I suppose the extent of my assistance might depend on the kid's attitude of entitlement, as well as my financial situation, but in general, a parent's obligation doesn't magically end, ever, really.

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