Is a child going to university still a child of the marriage if they...

[KW_Divorced]

...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 By moving in with her future spouse into their own place together, does this mean she has withdrawn from parental charge?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.

[blinkandimgone]

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'.

[mcdreamy]

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?

[KW_Divorced]

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.

[standing on the sidelines]

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.

[rockscan]

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.

[blinkandimgone]

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.

[stripes]

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)

[rockscan]

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.

[blinkandimgone]

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.

[KW_Divorced]

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.

[stripes]

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.

[blinkandimgone]

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.

[rockscan]

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.

[Links17]

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.