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Adult Child - "Child of Marriage"?

Child Support - Family Law (De Beck v. De Beck, 2012 BCCA 465 – 2012/11/21)

The mother of three children appeals an order awarding the father s. 3 Guidelines support for the parties’ three children.

At the material time one child was not in school but under 19; the other two children were over 19 and attending a post-secondary institution for which they paid in part, and in full, respectively, the direct expenses of their education.

All three children resided in the father’s home free of charge. At issue was each child’s status as a “child of the marriage” under the Divorce Act and whether support should be awarded pursuant to s. 3(2)(a) or s. 3(2)(b) of the Guidelines.

Appeal dismissed. The chambers judge did not err in awarding the father: (1) support for the child under 19 until the age of majority, and (2) support for the adult children in the table amount under s. 3(2)(a).

(De Beck v. De Beck, 2012 BCCA 465 – 2012/11/21)

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