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  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 10-30-2019, 01:49 PM
thefunone thefunone is offline
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Default child of the marriage

Question - if your teenager is under the age of majority and has difficulty going to school and could very conceivably be de-registered from school due to non-attendance - IS the child still considered to receive CS until he/she turns 18?
While efforts continue to be made to encourage and help develop an understanding about the need for education...it is a tough go.
From all the case law I have read in CanLii - I cannot see anything that fits this scenario...the talk is about no school attendance AFTER age 18.
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Old 10-30-2019, 01:52 PM
rockscan rockscan is offline
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Under 18, you pay cs.

Over 18, that may be at the discretion of the judge. There is one parent on here who has a 20yo who keeps flunking out of school and the judge allows cs.
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Old 10-30-2019, 01:53 PM
iona6656 iona6656 is offline
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yep- they're still a "child of the marriage" per the Divorce Act:

child of the marriage 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(a) is under the age of majority and who has not withdrawn from their charge, or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; (enfant Ó charge)
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Old 10-30-2019, 02:17 PM
thefunone thefunone is offline
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Pretty much as I thought.
Thanks
Actually works in my favor - ex was trying to have conditions for my paying higher CS and SS and S7 to her for a second child based on whether or not the first child (who lives with me) goes to school.
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Old 10-30-2019, 02:23 PM
rockscan rockscan is offline
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Quote:
Originally Posted by thefunone View Post
Pretty much as I thought.
Thanks
Actually works in my favor - ex was trying to have conditions for my paying higher CS and SS and S7 to her for a second child based on whether or not the first child (who lives with me) goes to school.


If you have an order for ss she would have to go to court to change it.

CS is based on eligible child and income.

S7 is based on eligible expense.

Put your ex on ignore.
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