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  • confused

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    As per my Lawyer says if the child has dropped out of school and is still living at home and she is 16 I still have to pay CS as long as she is under the roof of the mother?

    This seems odd to me that I should be still paying CS when the child is just sitting around the home doing nothing to better her self. Is this true??

    Cheers

  • #2
    Originally posted by coffeeman690 View Post
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    As per my Lawyer says if the child has dropped out of school and is still living at home and she is 16 I still have to pay CS as long as she is under the roof of the mother?

    This seems odd to me that I should be still paying CS when the child is just sitting around the home doing nothing to better her self. Is this true??

    Cheers

    See the prevailing Ontario Law:


    Family Law Act, R.S.O. 1990, c. F.3

    Obligation of parent to support child

    31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.
    Idem

    (2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control. R.S.O. 1990, c. F.3, s. 31 (2).


    Its a difficult situation. Your child is still under the control of the other parent and legally still a minor. Therefore, I believe child support is still payable.



    lv

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