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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-03-2008, 10:34 AM
coffeeman690 coffeeman690 is offline
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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
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Old 10-07-2008, 01:17 PM
logicalvelocity logicalvelocity is offline
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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

Quote:
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(2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control.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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