Just found this site! Hoping to get some answers to some questions. I've been divorced for 10 years and have 1 18 year old child who lives with their mother in a different province. I have some questions that I'm hoping people here will be able to answer before attempting to navigate court if it turns out that I'm heading that way. Never been before....
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Sorry, not at all. They've always lived there with their mother and I've lived out here for the last 10 years. I understand the child will attend the local university and live with her mother for the duration, in which case my RESP would cover the entirety of a 4 year degree. Longer, if ex and child contribute to some of the cost. However, the child is out of uni right now and doubtful they will return in September due to addiction. Neither ex nor I enable the child by giving them money directly, and child is on leave from work. I was going to ask about what would qualify them as a child of the marriage after they hit 19.
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If they are not in school full time they are not a child of the marriage. If they don’t live in a province with an enforcement agency (MEP in Alberta or FRO in Ontario) you *could* tell the ex that kid is no longer a child of the marriage as defined by the divorce act. Your ex *could* file to have the support enforced or she could file a motion to get support ordered as the child is technically incapacitated (so to speak).
I would start with telling the ex no support unless kid is in school and go from there. You may also want to see about possibly helping kid get into a rehab program.
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