Digest: Galbraith v Galbraith, 2018 SKQB 157

Date:May 18, 2018
 
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Reported as: 2018 SKQB 157

Docket Number: QB17547 , DIV 388/98 JCS

Court: Court of Queen's Bench

Date: 2018-05-18

Judges:

  • Dufour

Subjects:

  • Family Law � Child Support � Adult Child

Digest: The respondent father brought an application to determine whether his two children, aged 22 and 21 respectively and enrolled in post-secondary courses, were �children of the marriage� within the meaning of the Divorce Act and if not, when they ceased to be. The petitioner then applied for an order that the respondent continue to pay s. 3 support under the Federal Child Support Guidelines and contribute proportionally to each child�s education, past and future. The parties were divorced in 1998 and the children resided with the petitioner since then. The respondent had had no contact with his daughters. In 2001, he was ordered to pay s. 3 child support and a share of s. 7 expenses. By 2011 he was in arrears in the amount of $16,000 and the parties entered into agreement that the respondent would pay $300 per month towards his arrears and $700 per month in child support without review or contest until August 2016. The agreement stipulated that on that date the ongoing child support would be determined under s. 3 of the Guidelines and applicable case law regarding the payment of child support for children over the age of majority. The same arrangement was applied to how the children�s university expenses would be calculated pursuant to s. 7. The respondent was still paying $700 per month in child support. He earned approximately $50,000 per year as a bus driver and the petitioner earned $76,000 as a registered nurse. In 2014 the oldest daughter enrolled in a two-year legal assistant program but after three years, had not completed the program. Her academic record was very poor. The respondent had paid $2,600 towards her 2014/2015 tuition but had not made any other contributions. The youngest daughter had a diagnosed cognitive disability. In 2016 she enrolled in a two-year justice studies program but had to withdraw in her first term because of her disability. In the winter of 2017 she began...

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