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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 10-31-2006, 11:37 PM
cigar7 cigar7 is offline
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Default Support Payments

Can someone give me an idea what the probability would be for me to be paying spousal support payments? My wife is retired and on pension, of about $2,600/mo. clear. I have had partial employment over the last 3 years, averaging about $50k/ yr.. We have been married about 22 years. Although I'm currently unemployed, having sought work for 5 months, which is not easy to obtain. My wiife retired at 55 and I am now 52. Could I just declare I am now retired since I can't get suitable employment and avoid an "imputed" income for spousal support?

There are also 2 children, 19 and 21. The 19 yr. old is in first yr. of a 3 yr. college program, living on campus. The second is living at home, taking one course to improve his high school grades to get into university. Am I on the hook for child support payments too, until the end of the first degree, for both children?
Old 11-06-2006, 12:02 AM
cigar7 cigar7 is offline
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Default Child Support - Over the age of majority

While hunting through the internet, I found the following regarding child support for a child over the age of majority, 19 in Ontario. So does this mean one has to continue paying child support, for child of the marriage, over the age of majority, until such time that the child decides to move out of the matrimonial home or become independent?

Will the court decide that a child age 21, living at home, can be independent, if there no special reasons why he cannot go out and get a job? And in doingso, no further payments need to be made for child support?


Section 3 and the relevant parts of s. 7 read as follows:

3. (1) Unless otherwise provided under these Guidelines, the amount of a child support order for children under the age of majority is,

(a) the amount set out in the applicable table, according to the number of children under the age of majority to whom the order relates and the income of the spouse against whom the order is sought; and

(b) the amount, if any, determined under section 7.

(2) Unless otherwise provided under these Guidelines, where a child to whom a child support order relates is the age of majority or over, the amount of the child support order is

(a) the amount determined by applying these Guidelines as if the child were under the age of majority; or

(b) if the court considers that approach to be inappropriate, the amount that it considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each spouse to contribute to the support of the child.

7. (1) In a child support order the court may, on either spouse's request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child's best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family's spending pattern prior to the separation
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