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18 year old "staying in school" for 1 credit.

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  • NBDad
    replied
    You have grounds to terminate support. He's 18, not enrolled in high school and not enrolled in full time post secondary. He therefore no longer falls under "child of the marriage" and CS obligations should end.

    Are you through FRO or maintenance enforcement? If so, there is a specific process to follow. Otherwise, your best bet is to get a motion before the courts to end support. If your agreement has terminating events outlined, you may not need to do so.

    If your agreement indicates terminating events, simply send the ex an email stating that as $child is 18 and not enrolled in full time post secondary, that CS will be ending effective $date as per the agreement. (Give her 30 days notice).


    The federal divorce act defines child of the marriage as:

    child of the marriageā€ means a child of two spouses or former spouses who, at the material time,

    (a) is under the age of majority and who has not withdrawn from their charge, or
    (b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life;
    Post Secondary education falls under the "other cause" of section (b) in case you were wondering.

    I would also send your son a separate email indicating to him that if he decides to pursue post secondary, that you would be more than happy to assist him in doing so, but regardless, it's his life and his decision to make, so he needs to decide what is best for him.

    Leave a comment:


  • Teenwolf
    replied
    Clothing is covered under the CS amount you pay every month. Regardless if the child is in full time post secondary studies or not, you don't have to pay half of a $900 clothing bill. The costs of putting a roof over the child's head, food in their belly and clothes on their back is what monthly CS is for.

    Leave a comment:


  • alx
    replied
    Originally posted by MrToronto View Post
    Y...but by the time you did anything about it thru the courts whatever the child was doin will be overt......
    And that's the thing - she'll send whatever she can to court. wealthy parents and she has seemingly unlimited 'bailout' funds with them. We've avoided court so far - but I just want something to 'toss' her way when she's always asking for "more".

    She's after back to school clothing $$$ now - "half" of which is about $900 she says - for my 18 year old "part-time" student. I figure if I can deny her on all these things and make her aware that, in reality, she's getting more than required and to keep a heads up as I won't be continuing it forever. Let her 'live on the edge' for a bit. It was a major financial struggle for me for some time with what all she took.

    Leave a comment:


  • MrToronto
    replied
    Yes...it's not fulltime......but by the time you did anything about it thru the courts whatever the child was doin will be overt......how long have u known about this....why have u waited till school starts....anyways now you have to be a negotiater which means the ex needs notice...(should of been done in may or june....when she replies or if she doesn't then you can discuss that...when that fails..you gave it your best shot and now court is your only option..your forced into court by her....then she goes off and plays games with your childs head and her position changes and your kids taking 3 courses all of a sudden...lol..and your in court when that happens...so what you started out doin has blown up in your face...then you settle....judge pats you on the head and shows you the door....and your grateful....because there was no costs awarded against you....thats one approach

    Leave a comment:


  • FaithandMorals
    replied
    The Ontario colleges, OSAP and government consider full time post secondary to be 20 hours per week. Less than that is part time.

    Leave a comment:


  • Teenwolf
    replied
    So he's taking one post-secondary course? If so, that isn't full time. Back in my university days, three or more courses was deemed full time.

    Leave a comment:


  • alx
    replied
    Oops... I should have clarified - he graduated high school this year. and trust me, "mom" has a lot of pull with him doing what she wants.

    To further clarify, he wants to take a year off and do some odd jobs to make some $, buy a car, etc.

    After that, he's thinking college or university for a certain expertise - he also is interested in the military route - and I've suggested military then get them to cover a major part of education costs for upgrading his skill sets. Then retire early with pension. He likes this idea. Mom knows this, but also knows she can get CS a lot longer if he does it her way (and she's also anti-military). She has a strong pull on his decision making ability (which really annoys me).

    Leave a comment:


  • Moolight
    replied
    Do y.ou mean the child is still in HS and missing 1 credit to get his diploma?

    I have difficulty understanding how could she prevent him from going to summer school. He is 18 and does not need her permission to do so.

    He could have done the arrangement with the school himself unless something else here is missing. Usually H.S. are pretty good in offering various options to assist a child in obtaining their diploma.

    Leave a comment:


  • alx
    replied
    Thats what I thought too -- so I guess I'm trying to find out a definition for "full time"... it's one credit so I think he has class for 40 minutes a day.

    Leave a comment:


  • SingleDad12
    replied
    My understanding is that to be a student, they must be enrolled full time in high school or post secondary education. So in my view the one credit thing wont cut it!

    Here's a quote from this site

    "When does child support end?"
    Normally, you must pay child support as long as your children are enrolled in school full-time. This often includes paying child support while your children are in college or university earning their first post-secondary degree or diploma. There have even been a few cases that have required child support to be paid for longer than this.

    Leave a comment:


  • alx
    started a topic 18 year old "staying in school" for 1 credit.

    18 year old "staying in school" for 1 credit.

    Just wondering what is defined as an 18 year old "staying in school"?

    My ex is keeping my 18 year old in school this year for "1 credit" only... He'd rather get a job and explore some other opportunities at the moment - but I know the ex - she's doing this so she keeps getting CS.

    Is there a definition as to what "student" actually means? He could have done this one credit over the summer (like he wanted to) and be free & clear of school for a year while he decides what avenue to take later on.

    Thoughts & comments welcome!
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