If a child takes a gap year before starting secondary education, can that child remain a child of the marriage?

Ontario, Canada


The following excerpt is from Hoskins v. Magee, 2021 ONSC 6319 (CanLII):

That being said, courts have found that a child taking a “gap year” before starting post-secondary studies, or a brief hiatus from an educational program, may nonetheless remain a child of the marriage.[6] Similarly, courts have held that a child may require a modest transition period after completing an educational program in order to search for employment. However, apart from these brief periods, courts will generally require full-time attendance at school for an adult child to maintain his or her dependent status. As Charney J. noted in Edwards v. Edwards, adult children “cannot simply choose to remain economically dependent on a parent, they must be “unable” to withdraw from the parents charge.”[7] Moreover, adult children cannot accumulate multiple gap years to forestall their independence. b. Framework for Retroactive Adjustments in Child Support

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