The respondent brought a motion to terminate her child support obligations for two adult children, arguing they were no longer enrolled in educational programs and thus not "children of the marriage" under the Divorce Act.
The applicant opposed, asserting the children remained dependants and sought to stay the motion due to arrears.
The court denied the stay, finding the respondent's arrears did not warrant it.
The court determined that while a "gap year" is permissible, the children's extended periods out of school, by choice, meant they no longer qualified for support.
Child support for one child was terminated effective December 2019 and for the other effective June 2020, resulting in a significant overpayment to the respondent.
The decision was made without prejudice to future applications if the children re-enroll.
