Vancouver child support calculations are a relatively straight forward task for a child not over the age of majority, which is 19 years old in BC child support guidelines cases. When the child is over 19 and in post secondary education either living at home or living away from home, the task is complex and requires an assessment of both parent’s incomes, the child’s ability to contribute, whether there are other funding sources, the child’s budget and school performance as well as how realistic the education plan is. Our top family lawyers are pleased to help you through this confusing area to ensure the right amount of adult child support is calculated.
Vancouver Child Support for children over the age of 19 in BC was dealt with in Neufeld v. Neufeld, 2005 BCCA 7, where Madam Justice Levine decided:
[35] ...where an adult student is living away from home, determining child support by using the “table amount” and adding “special and extraordinary expenses”, as directed by s. 3(1) of the Guidelines for children under the age of majority is, in principle, “inappropriate”. In those cases, child support has instead been determined by applying s. 3(2)(b).
Child the age of majority or over
(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.
At paragraph 42, in Neufeld, Levine J. further explained why the table amount is generally inappropriate in cases of adult students attending post-secondary educational institutions:
In my opinion, in principle, support for a adult child who is entitled to child support because of his or her attendance at a post-secondary institution generally should be determined under s. 3(2)(b). The “table amount” as noted by Martinson J. in Wesemann contemplates a contribution by the non-custodial parent to the expenses borne by the custodial parent in providing a home for the child. The fact that the “table amount” increases incrementally and not absolutely for additional children supports that interpretation of the intention of the Guidelines. The “table amount” does not contemplate a child’s contribution, which is an important factor in considering the amount of support a student requires.
Whether you are seeking child support for a child over the age of majority or being asked to contribute to it, you need to consult with us to ensure the correct amount is obtained for the child. Call us toll free at 1 877 602 9900 to book an office appointment with us in Vancouver, Surrey, Kelowna or Fort St john.
