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Entitlement to CS beyond age of majority

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  • Entitlement to CS beyond age of majority

    Question about entitlement to CS beyond the legal age of majority, which is 19 in the province of question (NL)


    If child is not in school, but in a rehab facility or unable to hold a job because they are addicted to alcohol/drugs and in/out of rehab every few months, would they still be entitled to CS? Child has spent so far about 6 months out of the last year in rehab and is anticipated to go back again shortly. they don't turn 19 for a few months so we are hoping they get back on their feet and enroll in university. I have the RESP to pay for most if not all of a 4 year degree.

  • #2
    Yes it sounds like they are not an independent adult and a case could be made to continue CS. If they are rehab for an extended period it could be argued that CS should be reduced to reflect the residential parent not having the food/utilizes/transportation etc costs that CS is supposed to provide for. What is in the best interest of the kid though? If cutting off or reducing CS creates conflict between the parent right when the child needs you to be a team ... well it seems penny-wise and pound-foolish to deliberately stir up trouble.

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    • #3
      If the child is over the age of 19 and not in school then they are not entitled to child support. There are disability programs in every province that could be applied to in these instances.

      Drug addiction for a child is a sensitive issue to be sure but the custodial parent will be required to answer as to why this is occurring and what has been done to work on this. If the child has been in rehab before the bigger question is what is happening?

      This is not to say that I am not sympathetic to a child who is trying to get clean but the bigger issue is what led them to this, what are the plans to get the child back on their feet and in school, what sort of input and non monetary support is the paying parent being able to provide?

      A support payor is not there to supplement this lifestyle choice. This is an adult we are talking about and one who will have to take responsibility. Both parties should be reasonable in their approach to this. For instance reduced support while child is completing rehab and then cs if child goes to school. However if the child relapses and drops out of school then there is no obligation to pay.

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