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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #1  
Old 05-25-2013, 10:38 AM
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Default Children of the marriage

Hi...can anyone maybe break this down into laymen's terms for me??...what is the actual definition of "children of the marriage"??

let's say the ex CL's 18 year old daughter grads HS, decides to take a year off before entering college, Am I stuck paying CS until she enters college, where I'd then have to start looking at S7 expenses??

The most recent outcome is apparently the CL's daughter has suddenly become sick and she CAN'T apply to college due to this 'sickness"

this "sickness" apparently started during the negiotiations between the ex CL and I (lawyers)
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Old 05-25-2013, 10:51 AM
standing on the sidelines standing on the sidelines is offline
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hmm I would say once she is over 18, finishes high school and doesnt go on to college then that is it. As for the "sickness' i would want that verfied by a doctor. I have a feeling its just a way to try and get more CS out of you because the daughter doesnt want to go to college.
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Old 05-25-2013, 10:55 AM
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Quote:
Originally Posted by standing on the sidelines View Post
hmm I would say once she is over 18, finishes high school and doesnt go on to college then that is it. As for the "sickness' i would want that verfied by a doctor. I have a feeling its just a way to try and get more CS out of you because the daughter doesnt want to go to college.
Thanks SOTS...is exactly what my lawyer and I have asked for (via disclosures)...the CL's daughter is supposed to graduate this month (she dropped out of regular HS a few months ago and is now attending an adult HS to get 3 credits).
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Old 05-25-2013, 11:55 AM
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If she wants to go to college the following semester, she has to have an application in roughly 6 months ahead.

I'm presuming she doesn't just turn 18 as soon as she finishes high school in June, although that is possible.

So what I am saying is, if she has a plan to return to school, then she has to have things in motion. It will take weeks/months to get anything through the courts, so if she has an intention to return to school, she will be IN school by the time you are talking to a judge.

The judge will say, well she took a few months off, but she is in school now so why are you here?

So the the thing you have to ask yourself is, is she really going to go back to school or not? If she is, then there is a few months of "limbo" where she may not be in class. That isn't enough to make her stop being a "child of the marriage" in the eyes of the courts.
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Old 05-25-2013, 12:37 PM
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Originally Posted by Mess View Post
If she wants to go to college the following semester, she has to have an application in roughly 6 months ahead.

I'm presuming she doesn't just turn 18 as soon as she finishes high school in June, although that is possible.

So what I am saying is, if she has a plan to return to school, then she has to have things in motion. It will take weeks/months to get anything through the courts, so if she has an intention to return to school, she will be IN school by the time you are talking to a judge.

The judge will say, well she took a few months off, but she is in school now so why are you here?

So the the thing you have to ask yourself is, is she really going to go back to school or not? If she is, then there is a few months of "limbo" where she may not be in class. That isn't enough to make her stop being a "child of the marriage" in the eyes of the courts.

Hey Mess:

yea...she hasn't applied or anything..basically struggling to get her last 3 credits her recent report shows she's failing (hence the reason she's attend adult HS)

the STBX's lawyer states she's too sick to apply to college and they're awaiting (so are we) a report from the Dr as well as any future Dr.s appts in the future to show that there's an actual "sickness"

I'm concerned while we sit and wait, do I continue to pay any CS..I mean it could be years really...
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Old 05-25-2013, 12:38 PM
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[QUOTE=Mess;137651]If she wants to go to college the following semester, she has to have an application in roughly 6 months ahead.

I'm presuming she doesn't just turn 18 as soon as she finishes high school in June, although that is possible.

she's 18 now mess...just turned it in March
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Old 05-25-2013, 12:54 PM
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Quote:
Originally Posted by Leviathan View Post
let's say the ex CL's 18 year old daughter grads HS, decides to take a year off before entering college, Am I stuck paying CS until she enters college, where I'd then have to start looking at S7 expenses??
Is this your daughter...or the daughter of your ex, who you lived commonlaw with? If not your biological daugher, how long were you together...and where is this adult girl's bioligical father?

Have you been paying child support up until now?

Aside from all the "what ifs" with her health, etc...she is 18, not currently in school full-time and not planning to attend a secondary school. Child support would end on the month of the 18th birthday. In my opinion.
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Old 05-25-2013, 01:02 PM
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I looked back through posts and answered my own questions...lol

Ok...so you are still in court fighting the paying of support for this "child" that is now an adult, not in full-time school, nor registered for university.

Well, my thoughts would be your obligation is done...
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Old 05-25-2013, 01:45 PM
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Quote:
Originally Posted by MiViLaLoco View Post
Is this your daughter...or the daughter of your ex, who you lived commonlaw with? If not your biological daugher, how long were you together...and where is this adult girl's bioligical father?

Have you been paying child support up until now?

Aside from all the "what ifs" with her health, etc...she is 18, not currently in school full-time and not planning to attend a secondary school. Child support would end on the month of the 18th birthday. In my opinion.

I agree with you wholeheartedly!!..because I filled in the roll of in loco, I'm obligated to pay CS..

Her dad's a deadbeat...hasn't paid a dime since the ex CL separated from him 15 years ago...

I'm hearing and reading stories about having to continue CS for her daughter because she's "sick"...again this "sickness" kicked in shortly after the CC where the judge stated my CS would be offset for her daughter because I'm already paying CS for my bio 2 in Univ.

Last edited by Leviathan; 05-25-2013 at 01:48 PM.
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Old 05-25-2013, 01:50 PM
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Quote:
Originally Posted by MiViLaLoco View Post
I looked back through posts and answered my own questions...lol

Ok...so you are still in court fighting the paying of support for this "child" that is now an adult, not in full-time school, nor registered for university.

Well, my thoughts would be your obligation is done...

lol...it's a mess isn't it Mivilaloco... Definetly a "unique" situation I'd say
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