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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-25-2010, 02:45 PM
kelly001 kelly001 is offline
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Default Child Support of Adult child in adult education

I have a question. My daughter( i am the father) lives in Quebec and i live in Ontario. She turned 18 in march and has dropped out of school since she was 16. She is going to an adult education centre to earn her high school diploma but is only going 1 or 2 nights a week and is working about 20 hours a week through the week. I contacted the FRO to stop child support payments once she turned 18, and they sent my ex a letter and never heard from her. So they told me the support has stopped. The FRO just sent me a letter advising me the support has to continue because my ex got a letter from the school saying she is a student there, but they did not elaborate, they didnt say she is only part time at night. The FRO said i have to contact my lawyer and get is settled through the courts.
My question is what are my chances they will extend the support with her in school part time at night and working through the day.
I told my daughter when she goes to college, i will help her with that, but i dont feel i should be giving money to my ex when she is not supporting her anymore.
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Old 05-25-2010, 02:48 PM
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NBDad NBDad is offline
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In all honesty you should have brought this up when she dropped out of school.

File a motion to vary through the courts to have support terminated on the basis that the child can be considered an adult. Make a fair offer to your ex regarding post secondary education if/when your daughter decides to go that route. (Standard is 1/3 paid by the child, 1/3 by you, 1/3 by your ex).

Once you have the new order in hand, get it to FRO so they can stop the payments.
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Old 05-25-2010, 04:45 PM
superdad superdad is offline
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Also
Family Law Rules state the child must be in "full time attendance" at school. You have a case to terminate if she is only part time.
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Old 05-25-2010, 05:38 PM
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Old 06-03-2010, 02:52 PM
leafsrule leafsrule is offline
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If she's attending school and FRO ackowledges it, they will enf support to be continued until either the recipient contacts them back for support to stop or you go back to court to have it stopped. Getting FRO to change support to be stopped at this point will be difficult since they were notified by the school. Technically, 20 hours per week is full time in school considering many universities and colleges don't have 20 hours a week for courses and even some high schools at the later stages too.
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Old 06-04-2010, 12:44 PM
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She's only attending 1 or 2 nights a week at the center and is working part time, 20 hours + /week to help support herself.

The child is therefore an adult and support should be terminated/held until such time as she pursues post secondary education.

Also, the "legal age" in Quebec is 18. She's an adult, dropped out of high school and is working. File the motion
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Old 06-04-2010, 03:24 PM
leafsrule leafsrule is offline
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Sorry, I read that wrong, she's working 20 hours per week and attending a couple of nights per week.

File the motion, it will be quicker to do this than wait to see if support can be stopped through FRO.
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