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  • CS and SS

    Someone please tell me at what age CS ends. Is a 22yr old not leaving with the person receiving the support and not going to school and working full time and living with his partner entitled to CS, well actually his mother, is she entitled to on going CS? Don't get me going on SS, I'll get back to that. Laws need to be changed. If I was a man I wouldn't get married and as a women this can be like a lottery Cash For Life

  • #2
    Originally posted by lawchanger View Post
    Someone please tell me at what age CS ends. Is a 22yr old not leaving with the person receiving the support and not going to school and working full time and living with his partner entitled to CS, well actually his mother, is she entitled to on going CS? Don't get me going on SS, I'll get back to that. Laws need to be changed. If I was a man I wouldn't get married and as a women this can be like a lottery Cash For Life
    Living apart from the support receiving parent, not attending school and working full time all mean that this is an adult that no longer is a "child" of the marriage requiring support. Once they moved out onto their own could have been deemed no longer a child of the marriage, but couple that will full time employment and not in school, then CS should be terminated.

    The Guidelines do say, that when a child reaches the age of 18, his or her income may be examined to determine an appropriate amount of support and the court has the discretion to make an order for an amount other than the table amount.

    Section 2(1) of the Divorce Act defines “child of the marriage” as:

    “…a child of two spouses or former spouses who, at the material time,

    a) is under the age of majority and who has not withdrawn from their charge, or

    b) is the age of majority or over and under their charge but unable by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.”

    Comment


    • #3
      Thanks for your quick response. Next question. SS how long? Short picture married 17 yrs - paid SS & CS for 10 yrs - Children grown 22 & 25 -still paying CS for 22 yr old. - children do not live with her and have not for several yrs. - She has had a relationship for 7yrs and lives with that person - house and car all paid for - claiming not to be able to find full time work because schooling is too expensive is a Certified Dental Assistant - chooses not to go that route. They show $60 income between the two of them. - She is in her 40's no reason not to work but she will find one and yes she was the person who had the affair.

      Comment


      • #4
        You should have stopped paying child support as soon as the children left home, and probably reduced when the first one left.

        Spousal support has probably gone on long enough.

        Do you have a court agreement? If so, what time frame was specified. Does FRO deduct the child support?

        Comment


        • #5
          Your agreement should state when child support ends and when spousal support ends. For example, the fact that your ex has been in another relationship for 7 years should have been one of the triggers to end spousal support. One of the triggers for having child support end is the child reaching the age of majority and not being in school full-time.

          One can (apparently) end child support by contacting FRO and indicating that one of the triggers has occurred (ie. child no longer in school). The recipient is then contacted for confirmation. If it's proven that the child is no longer in school, then FRO can stop collecting payments. I believe you still need a court agreement to officially have child support terminated.

          You can consult with a lawyer re ending spousal support. I believe you may need to show a material change to be able to have a court review an agreement. However, I have read that an ex not making reasonable attempts to become self sufficient may be seen as a material change (if the courts had previously been told that the individual would be doing this).

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          • #6
            Yes, FRO does deduct the child support. We are trying to get to court. We have had court dates changed twice now. It is a very long and frustating process and advice would be greatly appreciated. We are ready to go as far as possible to get laws changed.

            Comment


            • #7
              Unfortunately there are no dates on the agreement the term "indefinite" support is on the documents. I understand the that means " an order for support without a time limit at the time it is made" and does not mean that support will continue indefinitely.

              Comment


              • #8
                CanLII - 2006 ABQB 377 (CanLII)

                In this case, a child ceased to be a "child of the marriage" when she turned 18, and the second child ceased to be "a child of the marriage" when he completed his schooling.

                Every case for a claim to terminate CS is unique yet similar when considering adult children.
                They can be gainfully employed, able to maintain their own basic needs away and apart from the custodial parent, have turned the age of majority and personally chose not pursue school, any combination etc.

                There are many cases, simply use this link to find those close to your situation.

                CanLII - Advanced Search


                As far as your claim for termination of SS.
                I do not think it wise to unilaterally terminate, however, since there was no time frame stated on your order, but rather it stated “indefinite”, I would return the issue with the new circumstances and seek to have it terminated/resolved.

                Comment


                • #9
                  Can someone confirm for me as I do believe I read this on this site somewhere.
                  If during the Case Conference the Judge makes a ruling to change the court order and one of the parties does not agree and it goes to court. If the during the trial process the Judge makes the same or similar change then the party that took the case to court is responsible for court costs for both parties. I know I read it somewhere and of course cannot find it now.

                  Comment


                  • #10
                    I think you might be referring to an “offer to settle”.
                    If one party submits an offer to settle, and if the case ends up going to trial and at the trial the outcome is similar or more favourable then the original offer to settle, (awarded to the party that submitted the offer to settle) then yes, the court costs will be awarded to the party that did not heed the offer to settle.
                    It basically means that one party had at one point offered a reasonable settlement, and had the receiving party taken the offer then all subsequent time and money spent in court would have been avoided. So by not accepting the offer, they cost the offering party (not to mention the courts) extra time and money to ultimately get the same conclusion. It’s an attempt by the courts to circumvent continued court appearances and all the associated costs.

                    Here is an example; an offer was on the table, not accepted, case goes to trial and the offering party won a ruling similar or more favourable and was awarded costs

                    CanLII - 1992 CanLII 4649 (NS S.C.)

                    Comment


                    • #11
                      Request to terminate CS(child is 18 +, not in univrsity, worlikng full time), EX threatens will ask for SS and increased CS from back date.
                      Judgement is from 1992 and lived together as married for only 5 years(separating in 1984). NO SS was in original judgement.
                      I am laid off now and requested for agreement to stop CS.
                      Question: Can by EX can ask for SS after 16 years of divorce.
                      I am married and have second child.

                      Comment


                      • #12
                        Originally posted by PTG28 View Post
                        Request to terminate CS(child is 18 +, not in univrsity, worlikng full time), EX threatens will ask for SS and increased CS from back date.
                        Judgement is from 1992 and lived together as married for only 5 years(separating in 1984). NO SS was in original judgement.
                        I am laid off now and requested for agreement to stop CS.
                        Question: Can by EX can ask for SS after 16 years of divorce.
                        I am married and have second child.
                        Hey, she can ask! But no, SS would be crazy and as far as I know from this forum and elsewhere, there is NO chance she would be awarded SS. Retro CS is highly unlikely to.
                        From what you have said the child is no longer a 'child of the marriage' and you are no longer required to pay CS - I suppose you need to get the court order changed if there one.

                        What does the court order say for CS with respect to termination?

                        I am also curious what your ex said to justify the continuation of CS, the retro increase of CS, and the sudden need for SS.

                        Crazy what some people say - SS for a 5 year (common law?) relationship that ended 25 years ago!!! What a laugh!! Talk about a ball and chain!
                        Last edited by billm; 05-26-2009, 10:29 PM.

                        Comment


                        • #13
                          Thanks for Reply.

                          My Judgement has no dates for CS termination.
                          [That time lawyer said I will be paying till college/ university]

                          EX Reason - not to terminate CS (EX opinion for give a fight in court)
                          1. My payment was not high enough(but it was decided by the court)
                          2. My pay increased => but payment remained same (Judgement CS was not indexed, they never went to court to increase)
                          I have not received a written reply of my registerred letter yet.

                          Possible reason for SSnot told to me)
                          EX is laid off in 2008 (may be UI finishing soon) and will go on disability(stiff neck problem due to working on computer at work)

                          Question : why I should be responsible for her disability after 16 years of divorce?

                          PTG28

                          Comment


                          • #14
                            Originally posted by PTG28 View Post
                            My Judgement has no dates for CS termination.
                            [That time lawyer said I will be paying till college/ university]
                            It is very odd that many agreements don't specify this!

                            Originally posted by PTG28 View Post
                            EX Reason - not to terminate CS (EX opinion for give a fight in court)
                            1. My payment was not high enough(but it was decided by the court)
                            It is too late to complain about that, the kid is raised, the job is done.

                            Originally posted by PTG28 View Post
                            2. My pay increased => but payment remained same (Judgement CS was not indexed, they never went to court to increase)
                            CS should be based on income, but I am pretty sure that if you made less income she would not have wanted you to reduce CS. Anyway, that ship has sailed.

                            Originally posted by PTG28 View Post
                            Possible reason for SSnot told to me)
                            EX is laid off in 2008 (may be UI finishing soon) and will go on disability(stiff neck problem due to working on computer at work)

                            Question : why I should be responsible for her disability after 16 years of divorce?
                            It was a lifetime ago that you were together. You have no more responsibility toward her than I do.

                            If your child is truly done schooling with no immediate plans to go to school, then your CS should end. If he decideds to go in the future, how much you support him is between you and him.

                            Comment

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