Our BC child support lawyers are frequently asked how child support is determined for a child over the age of majority when they are pursuing post-secondary education. How can we encourage a child to succeed in a competitive society and help them start to become independent?
- What is the child’s own obligation under these circumstances to contribute to their schooling?
- Do they need to pursue their studies full-time?
- Should they get a job in the summers and during the school year?
- Do they need to maintain a certain grade average to get child support?
- What details must they provide to the paying parent and the Judge hearing the case to obtain child support?
BC Over Age Of Majority Child Support Is Complex
Our BC child support lawyers would be pleased to answer these questions for you at any of our 4 offices located in Fort St John, Kelowna, Surrey and Vancouver. BC Over Age Of Majority Child Support is a topic that the Canadian Government seeks your input on.
Recent BC Decision Sets Out Principles For Adult Child Support
In the recent BC Over Age Of Majority Child Support case of Gasparini v. Gasparini the BC child support judge dealt with a child who was taking only 1 course per semester instead of the normal 4 or 5. The child was found not to be entitled to support by the Judge who stated:
[46] In my view, after considering the Farden factors and all of the particular circumstances of this case, Giovanna is not a child of the marriage for the purposes of the Divorce Act. She has restricted her studies to one online course in each semester. Further, the respondent has not established that Giovanna suffers from a learning disorder that would justify limiting her part-time studies to one course per semester. I have found that Giovanna is capable of working full-time and fulfilling the requirements of a single course in each semester. Giovanna has demonstrated that she has the academic ability to pursue a career in human resources. However, it is unreasonable that she do so indefinitely and at the rate of only one course per semester.
[50] An adult child enrolled in post-secondary studies whose educational pursuits are reasonable may qualify for continued support as a child of the marriage. For example, in Harrison v. Harrison, 2014 BCSC 1220, Madam Justice Donegan found that a 20-year-old enrolled in two or three university preparatory courses per term, and who had been accepted into the university’s Bachelor of Science program, was a child of the marriage. Each case must be assessed on its own circumstances.
[51] In the event that Giovanna were to increase her level of part-time study or become a full-time student, then her status as a child of the marriage may be revisited, together with the question of her contribution, and that of her parents to the cost of her education and living expenses for post-secondary studies. However, I will emphasize that an adult child who claims expenses for attendance at a post-secondary educational institution has an obligation to provide information to establish active participation in the program, including evidence of registration and her progress in the program, such as courses taken and grades obtained: Lewis v. Correia, 2014 ABQB 314 at paras. 17-20. To this I will also add that generally an adult child who claims support while pursuing post-secondary education should also provide evidence of the costs and anticipated duration of her studies, and particulars of her capacity to contribute to those costs, whether through employment, savings, student loans or other funding.
We know you want your child to do well in life and they are entitled to fair support to allow them to pursue a sound educational program. The adult child also must make their best efforts to contribute to their own support and to do well in school. Call us toll free if you have child support questions: 1-877-602-9900.
