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Answered in 2 minutes by:
5/10/2010
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,094
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
VerifiedHow much support are you paying now on what income? Are you paying it to your ex or to the child directly?
How much are each of you putting towards the child's university expenses?
Do you have a court order or domestic contract? If so, does it say anything about termination of support?
How much time does the child spend with the mother, or is expected to spend with mother? Weekends? Holidays only? Summer?
Ulysses
I'm very sorry for the delay in replying.
A child that age isn't going to follow an access schedule, so that's not an issue.
The court normally says that support should flow if the child is in post secondary education full time and attending full time, to the end of the first degree or diploma.
If the child is spending weekends, holidays, at least part of the summer with the mother, then the court will order the support to continue. If asked, mother will say that she's still doing laundry for the child, bringing meals and groceries and clothes to the child, still keeps a room available in her home for the child, etc.. If mother isn't doing any of these things, then talk to the mother and child and see if there's some agreement that each of the parents pay some support directly to the child.
Going to court over this issue for an older child is tough because it's hard not to look like the bad guy even if your case is good. Talk to a decent family law lawyer in person about this before you go to court, maybe hire one to do the paperwork for you. But you probably don't need to spend all the money to retain one fully.
Good luck
Ulysses
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,094
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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