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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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Old 10-18-2005, 08:17 PM
jeannie jeannie is offline
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Default child support

my son is 17 and has decided to move out do to not wanting to follow the rules of the house. we also argue alot too. do i have to pay support to whom ever he decideds to live with?
Old 10-19-2005, 03:29 AM
logicalvelocity logicalvelocity is offline
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It is to my understanding that the child can withdrawal from parential control at age 16. If the child goes and decides to live with the other parent and is in full time attendance at school or post secondary education, yes you are obligated to pay child support.

If the child quite school to live with friends, no child support is payable. Child support is the right of the child. In essence it is actually their money. I would think attendance at school is the determing factor.
Old 10-19-2005, 10:01 PM
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If you’re in Ontario, and the person applying for child support is not the other parent, the Family Law Act applies. Section 31 of the Family Law Act states:

(1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so.

(2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control.

Judges will look at whether the withdrawal from parental control was voluntary or not. If, for instance, a judge believes that your son was evicted or left because of an unbearable living situation, your son would probably get child support. It will completely depend on the facts surrounding why your son left home and what the situation at home was like.

The courts are looking out for children’s best interests and ensuring that a child gets sufficient financial support is generally considered to be what’s best for the child. The situation would need to be fairly extreme for a judge to refuse to order child support.
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