Ask a Lawyer is a public chat forum, where you can ask lawyers for very general information. Because it is public, your questions, comments, and responses are not confidential. Please contact a lawyer in our Directory directly if you need a private opinion about your specific circumstances.
My son who has been living with his mother full time is about to turn 18 at the end of December. He is not attending school at this time as he graduated high school 6 months ago and does not currently have any plans to attend post secondary education but most likely will in a year or so. My son under went open heart surgery this past September to repair a congenital defect and subsequently suffered a stroke. I am happy to report he has fully recovered from the heart surgery and all most fully from the stroke (I would say 99% recovered). My ex wife is claiming that he is a "product of the marriage" and therefore, I am required to keep paying child support. Is this true? I am willing to help my son with his transition from his surgery to the time he finds employment but I do not feel I am obligated to keep paying my ex child support. Any advice you can provide will be greatly appreciated. Thank you.
We'd need to know a lot more of the history for a full opinion. If you cease paying and she has an order permitting her to use MEP then MEP may ask for documentation to show that your child is unable to work. Or if they continue enforcing automatically for some reason then you can request a status review from MEP. If it actually went to court, technically mom would have the onus to prove that your son is still dependent, usually in the form of a doctor's note (which if you really wanted, you could seek an independent medical examination to verify), and some courts have permitted short transition periods where it's not realistic for a child to have a job right away or there's evidence that they're struggling to find one.
Practically though, I'd suggest making sure that he is capable of working, I'd suggest considering continuing support for a short period if it's not realistic for him to have a job immediately (and some courts have permitted reasonable transition periods), I'd be careful about giving the appearance that you're trying to force him to work if he's still recovering, and I'd suggest considering whether it's more appropriate to encourage him to start post-secondary schooling instead.
19 months ago
You must log in or sign up to reply to conversations.
DISCLAIMER: The information herein is not legal, tax, or accounting advice or opinions.
This website contains content and files submitted by third parties, to which you download or view at your own risk.
The Alberta Legal Coaches and Limited Services Society is merely a directory, it is not responsible for the actions or omissions of the lawyers listed in its directory.
By using this website, you agree to release the Alberta Legal Coaches and Limited Services Society, its agents, employees, and directors from all present and future claims and liability, including liability arising from any negligence.
