End of Child Support

[Ontherightpath]

Hello folks:

Does anyone have any wording that can be used to notify my ex that the child support is ending because the child will not be pursuing post secondary studies?

Question. if you know that the child will not be attending post secondary school in the fall, do you know if child support ends right after graduation (i.e. June) or would it only apply in September?

Welcome your thoughts please and thank you.

[rockscan]

If kid is “still deciding” she could argue for continued support but if kid is not enrolled or planning to attend, no cs.

Simple:

Dear ex,

As KID is graduating in June and not planning to attend school full time in the fall, she is no longer eligible for support. As such, my last payment of xyz will be made MONTH.

Thanks

[Stillbreathing]

Actually Rockscan is incorrect on this one. I just finished having a lengthy discussion with my lawyer about this very topic. If the child is graduating high school and not planning to enrol in post secondary in the fall and does not have a full time job upon graduating high school and is still financially dependent on parents then child support is still payable. How long it is payable for is up for debate as the child will need to have a plan to pursue full time employment and become financially independent. If they are taking a leap year and are only working part time and still dependent on the other parent then child support would also remain payable. In All of these scenarios the child still lives with the other parent.

[rockscan]

Actually Rockscan is incorrect on this one. I just finished having a lengthy discussion with my lawyer about this very topic. If the child is graduating high school and not planning to enrol in post secondary in the fall and does not have a full time job upon graduating high school and is still financially dependent on parents then child support is still payable. How long it is payable for is up for debate as the child will need to have a plan to pursue full time employment and become financially independent. If they are taking a leap year and are only working part time and still dependent on the other parent then child support would also remain payable. In All of these scenarios the child still lives with the other parent.

Im sure your lawyer is knowledgeable overall but I have case law and a decision from a judge who said support is not payable for a child that finishes school and is not planning to attend. Gap years are debatable but only if the child returns to high school for an additional year to upgrade.

Under the divorce act a child not in school full time is not considered a child of the marriage and therefore no longer eligible for support.

Im sure there are individual cases where it may be ordered but I have yet to see one.

[pinkHouses]

The law is fluid, so rules are made up as we go along.

read this, it is 2 years old:

http://www.slaw.ca/2020/02/14/the-ex...e-of-majority/

Section 2(1) of the divorce act:

“Child of the marriage” means a child of two spouses or former spouses who, at the material time … 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 necessities of life."

Given there are plenty of jobs around I doubt that CS will continue past the summer. Basically, sounds like taking your own kid to court to get them to work.
Reasons for "other cause" could be anxiety, poor job market, one girl was 20 and wanted to become a model CS extended;
one guy was 22 and dropped out of university (CS stopped);

So during the summer while they are humming and hawing about Post Secondary CS likely due they should also be seeking employment and these days that isn't hard to find and so come September they should no longer be a child of a marriage. I am no lawyer.

I would say don't say a thing until the application deadlines are up then ask what schools were applied to. Act appropriately.

[pinkHouses]

As far as children with disabilities. There are group homes and assisted living and often they can work and get a pension so disability isn't an automatic CS continues though maybe one must contribute to living expenses.

Some parents want to give their kids a chance to find themselves for a couple of years, the huge expense of CS can ruin that for their kids.

Divorce can really screw over the kids in more ways than one.

[Ontherightpath]

Who decides if a child has a disability? Would that be one of the parents or would a court has to decide if the child has a disability? What is considered a disability?

[rockscan]

Who decides if a child has a disability? Would that be one of the parents or would a court has to decide if the child has a disability? What is considered a disability?

That’s complicated and more than likely requires medical support. The problem though is what the threshold is for requiring ongoing support. For the one case in Ontario the child was wheelchair bound, had no hope of recovery and required round the clock care.

[blinkandimgone]

Who decides if a child has a disability? Would that be one of the parents or would a court has to decide if the child has a disability? What is considered a disability?

This would be medical, so a doctor would diagnose whatever the disability is and can provide documentation on how the disability impacts the person's ability to be self sufficient, work, school etc. If they are diagnosed and over 18, there may be an obligation to pursue other methods of support such as qualifying for the disability tax credit and ODSP.

A lot of this is taken into consideration when deciding if an adult child is eligible for ongoing support.

Disability is a difficult threshold to meet, however. Getting the tax credit and ODSP can be a difficult and lengthy process.

I do question why this is only coming up now in the case of an adult child if it has not been previously documented.