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Child Support Cases - Adult Children
Donald Joseph Fulham, a.k.a. John Smith, respondent
 O.J. No. 1351
Court File No. 24891/98A
Ontario Superior Court of Justice
Heard: March 17, 2004.
Judgment: April 1, 2004.
Douglas G. Menzies, for the applicant.
Behrendt Law Chambers, for the respondent.
¶ 1 HACKLAND J.:— The principal issue in this motion is whether Cory Fulham, age 22 (Cory), (d.o.b. April 21, 1981), is a child of the marriage so as to be entitled to continuing child support. The applicant Donald Fulham (the father) seeks a declaration that Cory "was no longer a child of the marriage for support purposes as of July 1, 2001, and an order retroactively reducing child support accordingly".
¶ 2 Lise Charron (the mother) seeks an order by way of cross-motion to vary the order of Métivier, J. dated November 2, 1998 to reflect appropriate levels of child support referable to the father's income level since 1998.
¶ 3 Cory resides at home with his mother while he attends training as an apprentice auto mechanic. He has a younger sister, age 16, who also lives at home. His father separated from his mother in January 1990. Subsequently, during the period 1992 to 1998 the father cut off all contact with the mother and children, relocated to a place unknown to his former family and defaulted on his support obligations. He reappeared in their lives in 1998, by which time his child support arrears ($200.00 per month for each child) amounted to approximately $30,000.00. At that time, an agreement was reached reducing the arrears to $3,000.00, requiring repayment at a rate of $50.00 per month without interest, in addition to paying Guideline Support for the two children of $459.00 a month based on the father's 1997 disclosed income of $28,915.00. This was incorporated into the said order of Justice Métivier.