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Child Support Cases - Adult Children

Continued from Child Support for Adult Children

¶ 8 There are several decisions in which an apprentice mechanic pursuing a program similar or identical to Cory's has been found to be self-supporting and therefore ineligible for child support: see, Snjaric v. Snjaric, [1999] O.J. No. 1340, Drake v. Drake, [1995] O.J. No. 3931, and Loschiavo v. Loschiavo, [1994] B.C.J. No. 1509. While it is true that these cases turn on their own facts, the following excerpt from the Reasons of Master Joyce in Loschiavo, supra, is applicable to the present case;

"[8] Peter graduated from high school in June 1991 and has worked since graduation. He is currently employed as a second year apprentice mechanic at a service station in Kamloops. It is conceded that Peter is no longer a child of the marriage and I find that he has not been a child of the marriage since August 1, 1991. Peter lives with his mother and his brothers in his mother's home. He does not pay any regular room and board although he does help his mother out to some extent and has provided a car for the use of his two brothers. He maintains the car for them and helps to pay the insurance. Peter testified he earns $12.00 per hour and works an average of 50 hours per week. Twice a year he goes to Kelowna to take classes for 6 weeks at a time. While in school he collects unemployment insurance benefits. He said that he collected approximately $1,000.00 in benefits the first time he was in Kelowna. According to his evidence his income is approximately $26,000.00 per year."

¶ 9 I refer as well to the Decision of Panet, J. in Cossette vs Cossette (2003) Carswell Ont 4142 in which he declined to make an award of interim child support in respect of a twenty-year old woman whose disability income exceeded the child support guideline amount which the father would have been required to pay, if the claimant had remained a child of the marriage. Panet, J. stated:

"On an interim basis, I conclude that the payment received by Brigitte under O.D.S.P. in the amount of $816.00 per month is sufficient to meet her expenses. Indeed, under the Child Support Guidelines, based on his admitted income for 2003 of $85,239.00, the father's obligation to pay child support for Brigitte is $673.60... I conclude that the application by the mother for interim child support for Brigitte should be dismissed."

¶ 10 The father's counsel Mr. Behrendt conceded that his client had slightly under paid child support in 1999 and 2000 due to income increases in excess of his salary of $28,915.00 earned in 1997 when Justice Métivier's order was granted. This underpayment (totaling $60.00) will be set off against the overpayment of $4,283.00 resulting from the father continuing to pay child support for Cory from July 1, 2001 (when I have found that Cory ceased to be a child of the marriage), through March of 2004. This overpayment however must be reduced by the balance of arrears owed under the order of Métivier, J. ($551.92) and by a further sum representing the father's appropriate share of the section 7 expenses for his daughter during the period 1999-2003, which I accept to be in the sum of $1,656.17 as setout on a calculation provided by Mr. Behrendt at the argument of this motion. Lastly, I allow Cory's book purchase for his earlier community college program as a proper section 7 expense, in the sum of $322.65 (45% of $717.00). This creates a support overpayment on the father's part of $1,692.26.

¶ 11 In summary, an order will issue declaring that Cory Fulham ceased to be a child of the marriage and was therefore disentitled to further child support from his father, Donald Fulham, as of July 1, 2001. The father shall be entitled to set off his child support overpayment in the sum of $1,692.26 against his ongoing support obligation of $327.00 per month referable to his daughter, until the overpayment is repaid.

¶ 12 If the parties wish to make submissions as to costs, they may do so in writing within ten days of the release of this order. Continued at Child Support for Adult Children
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