View Single Post
Old 09-03-2008, 07:58 AM
FL_Needs_To_Change's Avatar
FL_Needs_To_Change FL_Needs_To_Change is offline
Join Date: Mar 2007
Location: Northern Ontario
Posts: 1,261
FL_Needs_To_Change has a spectacular aura aboutFL_Needs_To_Change has a spectacular aura about

You are not supposed top unilaterally terminate CS, the process is to take the issue to court, and show that there has been a material change for the child, IE no longer in school and not trying to gain employment.

It is at that time that you can present that the child is no longer a child of the marriage.
If she is not in school and is not working but is more then capable of either or both, then the courts may terminate CS.
You would have to show,
a) she is not in school and how long it has been since the last time she was physically in class.
& b) that she has made no attempt to gain employment or take any correspondence courses in the absence of actual classes.
The tricky part is that she has not reached the age of majority and can technically be seen to NOT have withdrawn from the care of the primary parent.
The law states,

"child of the marriage" means a child of two spouses or former spouses who, at the material time,

(a)is under the age of sixteen years, or

(b)is sixteen years of age 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;

The key word is “under” the age of 16.
Also used to determine if the child remains a child of the marriage,

In Farden v. Farden 1993 CanLII 2570 (BC S.C.), (1993), 48 R.F.L. (3d) 60 (B.C.S.C.), Master Joyce set out the following factors to be considered in determining whether a child's educational goals justify their remaining a child of the marriage:
(1) whether the child is studying on a part-time or full-time basis;
(2) whether or not the child has applied for, or is eligible for, student loans or other financial assistance;
(3) whether the child’s career plans are reasonable and appropriate;
(4) the child’s ability to contribute to her own support through part-time employment;
(5) the child’s age;
(6) the child’s past academic performance and whether the child is demonstrating success in the chosen course of studies;
(7) the parents’ plans for the education of their children, particularly where those plans were made during cohabitation; and
(8) in the case of a mature child who has reached the age of majority, whether the child has unilaterally terminated the relationship with the parent from whom support is sought.

This is not easily done, and there are few case laws where a 16 year old was found to NOT be a child of the marriage for the purpose of CS.
I suggest that you continue the CS and seek leagl advice as you do not want this to bite you on the butt.
Best of luck