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  • Termination of CS clause

    Hey everyone,

    Been looking into termination of CS clauses and I've noticed there's a lot of mixed ideas on whether or not to even add one to your SA. I guess this is because there are so many factors that come into play, such as the child's age, is the child registered in a full-time/part-time post-secondary program, are they still living at home, and the list goes on.

    I'm interested in knowing who here does have such a clause in their SA and if so, hoping you'd be willing to share it.

    If you don't believe there should be a termination clause in one's SA, please share your thoughts as to why.

    Thank you in advance.

  • #2
    My SA has the standard termination clause. But when drafting, of course you add a termination clause !! The argument to continue over and beyond your contract would be if you are in contravention of the definition "child of marriage" and that would need to be proved.


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    • #3
      The way I see it is that it can only be in the advantage of the recipient.
      1) Either the kid is still a child of the marriage and the judge will overturn
      2) the kid ISN'T a child of the marriage but the judge will still order you to pay since you made an agreement

      Its one of them double standards...

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      • #4
        Thanks guys. There's nothing in my partner's SA about when CS ends and we've been wondering just how concerned we should be, if at all.

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        • #5
          Originally posted by RLS View Post
          Thanks guys. There's nothing in my partner's SA about when CS ends and we've been wondering just how concerned we should be, if at all.
          It is statutory.

          I don't have a clause in my agreement either. I wouldn't worry about it.

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          • #6
            Originally posted by HammerDad View Post
            It is statutory.

            I don't have a clause in my agreement either. I wouldn't worry about it.

            That's interesting, as I'm a very contract oriented person. I just asked my lawyer, and his rather regular opposing counsel, and they both concurred that the contract terms of the SA between the two parents would prevail, subject to;
            1) a judge and the considerations always of best interest and
            2) a child action against both parents


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            • #7
              I'm reminded it's like everything else in family law - clear as mud!


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              • #8
                Originally posted by mcdreamy View Post
                I'm reminded it's like everything else in family law - clear as mud!


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                It feels like whenever we think we have something all figured out, it's brought to our attention that we in fact don't know s*it.

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