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  • My Father

    I am 22 years old. Would it seem unreasonable for me to expect to attend a post-secondary school? Aparently my so called father does.

    To clarify a bit, my parent's had a seperation agreement that stated that my father must pay for my post-secondary expenses. My mother took nothing else in the divorce, she could have taken 10's of thousands of dollars worth of pensions and property, but she didn't. She wanted to make sure that I would be able to go to school.

    My father outright refused to pay. He in fact never had anything saved up specifically for me, ever. The argument that's getting stuck in court right now? That my boyfriend and I are living commonlaw. My father's lawyer actually said in court that my boyfriend could support me. Yes, that's how highly my dad thinks of me, that I should be some housewife with no career of my own. He even lied in court, after I had given my evidence to the contrary and had left (I live in a different city), he stated that I had told him that I no longer wanted to go to school. I had stated the exact opposite, 2 days before. He also claimed that he had been sending money regularly to me, which was another outright lie. The last money I recieved from him was for my birthday, which was $100.

    There isn't going to be a decision on this until around September, possibly a bit earlier. I don't see how it can go in my father's favor, but you never know. But there is not one bit of Canadian case law that supports his argument, my mom's lawyer made sure to mention that in court.

    What do you all think of this? I'm curious to hear from an outside source. There is probably more here that I'm forgetting to add in, just ask if you want to know something or what have you.

  • #2
    Unless he can produce something that says he was saving, but then blew it right after you "said" you didn't want to go any more, and also produce a notorized copy of your statement saying that you didn't want to go to school any more, I can't see how he can argue good faith. Further, common-law takes 7 years of living to declare, last I knew, so unless the two of you started shacking up (sorry) when you were 15, then it's not common-law. Lastly, even if you WERE common-law, I don't think that abrogates a parent's responsibility to their child that's only terminated at 25 years of age, should the child wish to attend post-secondary educational institutions.

    Then again, IANAL.
    Any comment I make should not be taken as an absolute, unless I say it should be. Even this one.

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    • #3
      My dad put my sister through something similar. When we were young, my parents started college accounts for us for when we graduated high school and went to college. Well, my sister was 18, excited to go to college...then my dad took the money from both our accounts and used it to help fund building a brand new house for him, his wife, and his wife's kids. When my mom took him to court, he said that the money could be used for anything he wants since it was his money that he put in there. Luckily the judge told him he was wrong and that the money he put in there was for a specific use and that's what it would go to.

      My mom also took my dad to court to force him to pay for half of my sister tuition. Legally, he's supposed to do that. My dad said that neither he nor my mom ever expected my sister to go to college (since when, I'll never know) and that my sister was too stupid to go to college and that all she would do would be looking for a Mrs. degree. While the judge said he didn't believe any of that, he still sided with my dad saying that if he didn't want to pay for it, he didn't have to. I didn't even bother with him when I made my college choices.
      Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

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      • #4
        Yes, well there is a whole thing with his wife and my step-siblings. He's basically supported her family, like her aunt and uncle lived with them for nearly a year and basically mooched the whole time, since they had gone bankrupt from gambling. He gave her parents the property that was behind his (they're connected lots), and paid for a lot of upkeep on their trailer. He has a foster kid living with him now too.

        It's just like he cares more for these people than he does for me. My mom is thinking about taking him into supreme court to redo the whole agreement, it just depends on her getting the money for it. Frankly, I wouldn't be sad to see him dragged through the mud now. So we will see about what happens I suppose.

        This may very well set a precident in the court system. Hopefully it's a precident set in my sides favour.

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        • #5
          Violating a judge's order is not the way to win the approval of another judge, that's for darn sure.
          Sorry your dad's a dick. I swear, it's the rare person I meet that has two functionally sane parents.

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          • #6
            Originally posted by BroomJockey View Post
            Further, common-law takes 7 years of living to declare, last I knew, so unless the two of you started shacking up (sorry) when you were 15, then it's not common-law.
            It's only three years here in Ontario, as far as I know. Less if you have a child together. It will vary according to province.

            But unless there was a marriage stipulation in the OP's parents divorce contract, it may not matter. She could be married with children and he could still be on the hook for her post-secondary expenses, depending on the agreement.

            Whatever the case, I hope everything works out and you can start school soon.

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            • #7
              Originally posted by Boozy View Post
              It's only three years here in Ontario, as far as I know. Less if you have a child together. It will vary according to province.
              Well, I did learn it back in the mid-90s. And I am in Alberta, so either one of those could be the source of the discrepancy.
              Any comment I make should not be taken as an absolute, unless I say it should be. Even this one.

              Comment


              • #8
                muses_nightmare, I think it's a good thing that you mom divorced him. The separation agreement is a binding contract and he should have to pay.
                "Human history becomes more and more a race between education and catastrophe" -H. G. Wells

                "Nature, to be commanded, must be obeyed" -Sir Francis Bacon

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                • #9
                  I have actually started school. I ended up having to take a couple years off to work and because I changed my mind about what I wanted to do (though the latter came later on).

                  As for the seperation agreement being a binding contract, it should be, and as far as I know it usually is, but it's being dragged out because it's family law and not contract law. As far as I'm concerned it should be a straightforward case, unfortunatly BC law doesn't seem to see it that way.

                  I will find out at the latest mid september. Considering there is absolutely no case law supporting my dad's side and there are quite a few relevant cases (not exactly the same when it comes to common-law, but still) on my side of things, I have a good feeling about this.

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                  • #10
                    Weird, here in the states common law marriage was only viable for those in which both people aggree it exists. I don't believe it ever existed here in Oregon. Just imagine how much trouble it would cause for flatmates or cousins living together!

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                    • #11
                      Originally posted by Flyndaran View Post
                      Just imagine how much trouble it would cause for flatmates or cousins living together!
                      That's not exactly how it works. How it does work is more complicated than regular marriage, actually.
                      Any comment I make should not be taken as an absolute, unless I say it should be. Even this one.

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                      • #12
                        Originally posted by BroomJockey View Post
                        That's not exactly how it works. How it does work is more complicated than regular marriage, actually.
                        How does it work where you are then?
                        How would, or should, it work if one or both parties says it isn't a marriage at all?

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                        • #13
                          Originally posted by Flyndaran View Post
                          How does it work where you are then?
                          Since 2003, Alberta no longer has "common law marriage," so it's a very different situation. Instead we have "adult interdependent relationships."

                          First, the two parties must:
                          share one another’s lives,
                          be emotionally committed to one another, and
                          function as an economic and domestic unit.

                          A relationship where one party pays the other to provide care does not qualify as an adult interdependent relationship

                          Second, the partners must be:
                          living in an interdependent relationship for a minimum of three years,
                          living in an interdependent relationship of some permanence where there is a child by birth or adoption, or
                          living in or intend to live in an interdependent relationship and have entered into a written adult interdependent partnership agreement.

                          Persons 16 and older may declare themselves adult interdependent partners, although those who are under 18 must also have their parents sign the agreement.

                          Persons related by blood or adoption must be over 18 and must enter into a written partnership agreement to become adult interdependent partners.
                          From: http://en.wikipedia.org/wiki/Adult_i...hip_in_Alberta
                          Any comment I make should not be taken as an absolute, unless I say it should be. Even this one.

                          Comment


                          • #14
                            Originally posted by BroomJockey View Post
                            Since 2003, Alberta no longer has "common law marriage," so it's a very different situation. Instead we have "adult interdependent relationships."



                            From: http://en.wikipedia.org/wiki/Adult_i...hip_in_Alberta
                            So it's really meant as a marriage equivliant for gay couples?
                            A written contract and/or sharing care for a child as a couple.

                            Comment


                            • #15
                              Originally posted by Flyndaran View Post
                              So it's really meant as a marriage equivliant for gay couples?
                              Err... no. Gay couples can get married in Canada.
                              Any comment I make should not be taken as an absolute, unless I say it should be. Even this one.

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