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

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Old 01-08-2008, 12:57 PM
josiebrown josiebrown is offline
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Default child support for 22 year old?

I have a question about child support for a 22 year old who no longer lives with her mother.

Two years ago she started at university and her father paid child support and all her university costs.

She since dropped out, got a job and six months ago moved in with her boyfriend.

Her mother is talking about her going back to school and the father being liable for more child support/university fees.. I have a feeling that she would drop out again.

Does the fact that he paid for all the fees and equipment (computer, books, cameras etc) first time around come into this?

Naturally he does not want to be unfair but is he within his rights to refuse contributing in this situation?

I understand that she has withdrawn from parental control so he shouldn't have to support her now but if it was contested would he have a good case.?

Also another child aged 19, working part time and going to university, would the child support be reduced according to the income she is making herself.

There is another child of 12 who he pays the correct amount for, there is no dispute about that.

Many thanks
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Old 01-14-2008, 11:57 AM
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All issues for support of adult children attending university or college are unique and are usually treated as such.
There are numerous case laws on this however.

The main issues are that the person (usually the custodial parent) has the onus to prove need and must establish that the child has exhausted all other forms of support (ie loans scholarships etc.). Also, the child is expected to contribute to their own costs via part time employment. This is all under the assumption that the child resides at home between studies. If need is established it is relative to both parent’s income and ability to pay and is reduced by the amount the child is to contribute. For a child that has established that they are self supportive (IE living on their own as they have withdrawn from parental care means they are no longer a child of the marriage) gaining an order of support will be almost impossible, not to mention that you have indicated that this is the second time around. I would use the history of drop out to request that no support be allowed. Also any track records on grades and establish any that they are trying to gain an education beyond their educational means. IE a poor attendance and poor grades cannot support a submission to say engineering or medical school. Make sense?

Also note that is a child already attained a degree (or college diploma) then no further support can be ordered as the obligation ends after the first degree to circumvent multiple degrees and the "professional student" syndrome.

This case may not be similar to yours but it offers other well known cases within it.

http://www.canlii.org/en/mb/mbca/doc...007mbca22.html
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