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P-Sec Support: Child works summer away

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  • P-Sec Support: Child works summer away

    My lawyer informs me that my spouse does not have to contribute to our son's education because said son established 'independence' by working away from home last summer and not returning to the family home.

    Same son worked for a family business belonging to my family, and lived with a member of my family rent-free. Apparently, this does not matter.

    Son had attended unviersity for fall semester and disliked program and dropped out. Moved back home at Christmas 2010 and left home in May to take summer job before beginning a new program at a new university fall 2011. He came home for a three week Christmas 2011 break and February 2012 reading week. I am sill supporting him but neither he or I are receiving any financial support from his father for him.

    Does this seem fair?

  • #2
    Well, your lawyer is half right. CS can be argued to end, however I believe your ex would still be on the hook for post secondary costs.

    The child was independent, but is now dependent again. How old is the child? Is there an existing support order in place? Has the support obligation been removed as of yet?

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    • #3
      I agree with NBDad, however my question would be... if the child is over the age of majority, had the chance to go to school and then dropped out, became independent and then decided to go back to school, that should be his choice... what happens if the child decides to start school in the fall, and drops out half way through?

      How many times is the child going to be allowed to do this? How many times are both You and Dad going to be expected to fund his education?

      Not saying this is what is going to happen, but I feel Dad could easily argue that son was given the chance to attend school and decided to drop out, therefore was no longer a child of the marriage.

      If son was working, he should be contributing to his education as well... this is a wishy washy situation, as Dad may have valid arguments.

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      • #4
        Some kids go on to become professional students...there has to be a line drawn somewhere.

        I could see if they enrolled in a specific program but had to take a year off to work and save a little more money, because then it shows that they have an end goal and are taking responsibility for a part of their education.

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        • #5
          Originally posted by 23yearsin View Post
          ...

          Does this seem fair?
          Yes

          A divorced parent should have the right to make their own choice how/if to support adult children, just as a married parent does.

          When I was his age, my parents were separated for a long time.

          It never even occurred to me to ask for money from either of them for school. And I certainly would have put a stop to it if one of them tried to force the other to do so.
          Last edited by billm; 03-12-2012, 02:18 PM.

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          • #6
            Agreed 110%

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            • #7
              I agree that he is an adult, and responsible for himself. To a degree. He made a mistake (bad choice) with his first university program and decided to switch course. The term 'dropping out' seems so harsh and negative. He was 19 when we split so there was no CS. I just feel sad that his younger brother will be going to university fall 2012 and dad will be obligated to pay because he was a minor when his father left and there is CS in place, but his older brother is on his own (other than what we both decide on our own to provide him). So far this year his dad has given him $500 and this is very little. My son worked p/t in the fall but could not keep it up as his program is very demanding.
              If same son had come home and worked at his old crumby retail job, he would be getting money from his dad right now. Instead, he took a better paying job and showed initiative and independence and the 'system' punishes him for that? Doesn't seem fair. Oh well, son will make up his own mind how he feels about this situation.
              I appreciate the feedback.

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              • #8
                The system is not punishing him, however the system has to draw a line somewhere... The issue I feel is not that your son worked away from the home, it was the fact he was already enrolled into a program, decided to drop out because he made a bad decision (no ones fault but his own) and then became self supporting.

                Same thing would happen if the younger son decided to do this. Once a child becomes self supporting they are no longer considered a child of marriage... hopefully Dad will help out, but that is between Dad and son.

                Comment

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