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Is my child still considered a child according to the divorce law?

Anonymous Asked:

If my child is 18 year old, going to university and staying home; is he still considered "child" by the divorce law?

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A Family Lawyer
10 years ago

For purposes of child support, there is an approach set out in the Child Support Guidelines to address support payments for children who are the age of majority or older and continue to be dependent. A child the age of majority or older is a dependent provided they are unable to withdrawal from parental charge for reasons of illness, disability, or other cause, including, post-secondary education. There is vast case law on the issues of child support payments for children over the age of majority, and a review of those cases is well beyond the purpose of these questions. In short, the other parent would be legally obligated to financially maintain the child until the child is in a position to withdrawal from parental charge.

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