One of the most common questions family law lawyers are
asked is about whether a parent has to pay (or can still receive) child support
once their child turns 18 and begins their post-secondary schooling.
It’s also one of the most difficult questions for family
law lawyers to answer.
Legally, yes, the parents are still obligated to
financially support their adult children if those children are in university or
another type of continuing education as long as their education plan is a
reasonable one.
However deciding how much support they have to pay, if
any, is complicated.
Once a child is both over the age of 18 and finished high
school, the child support amount when they begin university could still be the
Guideline amount. However according to s.3 of the Child Support Guidelines,
Judges have the ability to also consider the "means, needs and other
circumstances of the child" and then order a different sum:
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(2) Unless otherwise provided under these Guidelines, where a child to whom a
child support order relates is the age of majority or over, the amount of the
child support order is
(a) the amount determined by applying
these Guidelines as if the child were under the age of majority; or
(b) if the court considers that approach to be
inappropriate, the amount that it considers appropriate, having regard to the
condition, means, needs and other circumstances of the child and the financial
ability of each spouse to contribute to the support of the child.
For kids under age 18, the Guideline amount is based on
the payor's income. Over age 18, the amount has to make sense, considering what
money the child has (like RESP funds, savings, scholarships, employment income
etc) to pay for their costs for the school year. Being an adult, there is an
expectation that the child will contribute some amount to their own expenses.
And the child support amount also has to make sense
considering the actual monthly expenses for the child. The parent seeking child
support for the adult child should provide a budget showing the child's monthly
expenses, how the child's own money will be spent and what the shortfall is. If
there is no shortfall, no support would be required.
The child’s monthly expenses can vary quite a bit depending upon whether they
reside with one or both parents and attend school locally or whether they move
away and live on their own. The expectation is that their expenses have to be
reasonable, taking into account the money available.
When kids are over 18, not only does the money available
for a child become relevant to setting the child support amount, but the income
of the recipient parent becomes relevant as well. Section 3 above specifically
mentions "the financial ability of each spouse". It could be
that one parent provides room and board for the student, and the other provides
a monthly support amount. Or, both parents may pay the university directly for
tuition, room and board. Or, both parents may pay the child a monthly amount.
In some cases, mostly depending upon the income of both
parents, a Judge may expect an adult child to apply for student loans to help
fund their own education.
For the most part, child support will continue until the
adult child has obtained the degree, diploma or certificate they are seeking.
Judges can require parents pay for further schooling for a second degree as
well, but it will depend upon the parents’ incomes and the reasonableness of
the education plan.
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