As highly rated BC child support lawyers we are often asked by paying spouses if they can Pay court-ordered child support directly to the child as the child approaches or reaches the age of maturity. Often the concern by the paying spouse is that the child-support is not actually being used for the benefit of the child. When children are younger the law is clear that the paying spouse does not control what the basic child-support payment is allocated to or how it can be spent. The law is also clear that direct payment to a young child will not occur. However, as a child approaches maturity and is in attendance at a post secondary education courts have been more willing to allow for direct payment of child support to the child as opposed to the recipient parent. If you have an issue in this regard you can meet with us at any of our 4 offices across BC by clicking here .
The recent decision of Longlitz v. Longlitz, 2012 BCSC 130 reviewed a fact pattern where an adult child who had for a period of time been out of school returned to school. The court noted that the child had employment income of $14000-19,0000 annually and lived away from home except during the summer months and made the child support payable directly to the child during the school year when she resided away from the mother’s home and made the payment to the mother churning the summer months when the child resided at the mother’s home. Additionally, because the child had her own source of income there was no payment required by the father towards school tuition books and other school expenses.
By the time the case came on for trial the facts were:
a. Haley attended university 8 months of the year away from home;
b. Haley earned between $14,000 and $19,000 annually from summer employment;
c. Haley resided with her mother rent-free during the four summer months;
d. Haley’s mother provided Haley with an automobile and covered the automotive expenses during the time that Haley resided with her in the summer months;
e. Haley was capable, as a result of her high summer earnings, to fully cover her tuition, books, fees and living expenses from the combination of her summer earnings, the money her father provided, and some funds taken from the small trust account established in her favour; and
f. The support payments were being collected by the Family Maintenance Orders Enforcement Office.
The judge found that Haley was largely self-sufficient and that She could meet most of her expenses through her summer earnings. The court focused on the reduced cost to the mother of the current arrangement with the daughter paying much of her expenses and living away from home for substantial portion of the year.
Turning to the issue of payment, the court noted that it has jurisdiction to order payment directly to an adult child. In this case, such an order was appropriate. Haley was 21 years of age. She was mature and responsible in her employment decisions. She had financial maturity and was able to save substantial amounts of money.
Accordingly, the order was varied to provide that the respondent pay $470.00 monthly child support. If Haley was living with her mother, it was to be paid directly to the mother. If, however, Haley was residing elsewhere, it would be payable to Haley.
