Should I still be paying child support to my ex even though my daughter has moved to a different city permanently

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Customer: Should I still be paying child support to my ex even though my daughter has moved to a different city permanently keeping in mind that my daughter is 22 and attending post secondary and lives with her boyfriend?
Answered by Debra in 8 hours 11 months ago
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Debra
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Debra
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166276 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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166276 Satisfied customers

Jessica

Jessica

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Debra, Expert

Welcome to JA and thank you for your question. Do you have a copy of  the court order setting out how long you are ordered to pay?

Customer
I do however it states that I have to pay until my daughter completes the degree she is currently working on which is the spring of 2024
Customer
Also is the mother also financially responsible for our daughter as well
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

Do you mean she lives with her boyfriend permanently?

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Debra, Expert

I am sorry that you did not get back to me.

If your daughter is living with her boyfriend permanently then she is no longer entitled to support. She only gets support when she is still living at home at least in the summer so at least when she's not away at school.

Does that clarify the law?

Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Customer
Is there any case law to reference
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Debra, Expert

Well I can't provide caselaw.

This isn't one of those grey areas if a child no longer lives at home they are no longer a child of the marriage and they're not entitled to child support.

They are not longer within your control.

You can do case law research on canlii.org

Customer
She is attending post secondary
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Debra, Expert

I know that but if she has moved out of the home permanently child support stops. If she's living with her boyfriend during the school year and coming home for the summer so she still has a home at home the child support continues.

Customer
the mother is claiming she is still supporting her some
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Debra, Expert

It is voluntary. You can support your child if you want to but there's no legal obligation when she moves out of the home permanently.

Customer
I told the judge that our daughter lives away on a permanent basis and it didn't make a difference
Customer
I'm still paying full support which to me is absolutely garbage
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Debra, Expert

The judge made an error in law or else didn't believe she had moved out full-time.

Customer
Can my daughter be considered a common law spouse?
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Debra, Expert

What province does she live in and for how long has she lived with the boyfriend for?

Customer
BC and has lived with him for 3 years
Customer
In a marriage like relationship not roommates
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Debra, Expert

They are most assuredly common law spouses.

Customer
I just have to prove it
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Debra, Expert

Well you don't really have to prove that they are common law spouses. If she has not lived at home for three years at all she has withdrawn from parental control. If she comes home for the summer and lives with her boyfriend instead of living with her other friends while away at school that's a different matter but you have said that she has moved out permanently. Maybe that's what you have to prove. Maybe the judge did not believe that.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

Customer
The only catch to your answer is the fact that my ex is claiming she is still supporting our daughter which is a lie
Customer
Thank you Debra I do appreciate your help
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Debra, Expert

So aside from the fact that she's lying so what? It doesn't matter if she's supporting her. Anyone can support their adult children if they wish. I support my adult children to some extent still. Their father most assuredly does not.

It's my choice.

So she is missing the point but there is so much dishonesty going on that the judge was tricked I suspect.

Customer
Yup you hit the nail on the head
Customer
I wish I had the funds to hire a lawyer for this any suggestions
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Debra, Expert

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.
The number is:
(###) ###-####or 1.***-***-****.

Customer
Thanks again
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Debra, Expert

Anytime.

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