Catallo v. Catallo, is an interesting July 2015 BC child support case. BC Post Secondary Education Child Support cases often involve a child older than 19 and these cases are often described as “over the age of majority” child support cases.
Spencer MacLean, MacLean Law, Post Secondary Education Child Support lawyer
Catalo discusses what happens when a child lives away from home and attends university when a Post Secondary Education Child Support claim is advanced in court.
Our BC Post Secondary Education Child Support lawyers routinely handle these child support cases. Our MacLean Law Post Secondary Education Child Support lawyers act for both paying and receiving spouses and even assist in cases where support is paid directly to the child. Our reputation is stellar and we are available to help you across BC. Call us toll free 1-877-602-9900 to meet with us.
Child Support – Law
[35] Support for a child under the age of majority is determined by the presumptive rule in s. 3(1) of the Guidelines, which is the amount stipulated in the Guidelines table plus any amounts determined under s. 7 for special and extraordinary expenses.
[36] Once a child has reached the age of majority, the Guidelines provides two bases on which to calculate child support:
(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.
[37] The purpose of the table amount in the Guidelines is to assist the payee parent with basic costs for the children in their care, such as food, shelter and clothing. When a child commences post-secondary education, they incur additional expenses including tuition, books and when attending an institution away from the family home, expenses for room and board. Those expenses are contemplated in s. 7(1)(f) of the Guidelines, which stipulates that post-secondary expenses are to be shared between the parties in a manner proportionate to their income. When a child is attending post-secondary and living away from home, they will incur greater post-secondary expenses in paying for residence and the costs of living, but the custodial parent no longer has to maintain the household for the child and consequently the basic costs contemplated by the Guidelines table amount are reduced.
Post Secondary Education Child Support Rules
The Supreme court reviewed and summarized the correct way to share post secondary educational costs when a child lives away from home. The court looks at a reasonable living budget including the tuition, books and housing and food costs in BC Post Secondary Education Child Support cases.
[38] The jurisprudence has dealt with the issue in the following manner. In Neufeld v. Neufeld, 2005 BCCA 7, the court said that for a child over the age of majority attending a post-secondary institution and living away from home, support should generally be determined under s. 3(2)(b) of the Guidelines. In general, it is inappropriate, for example, to award the table amount of support and then add a proportionate share of post-secondary expenses because this approach would not take into account a proper contribution to be made by the child through student loans and part-time work or the reduced financial burden on the custodial parent in maintaining the household.
[39] In L.H.M.K. v. B.P.K., 2012 BCSC 435, Mr. Justice Brown accepted the proposition that where s. 3(2)(b) of the Guidelines is applied to an adult child attending post-secondary schooling who is living away from home, courts generally suspend child support for that child when the child is away from home. In turn, courts order each party to pay their proportionate share of the child’s education expenses. Children have an obligation to make a reasonable contribution to their education as well: Wesemann v. Wesemann, [1999] B.C.J. No 1387 (S.C.) at para. 39.
[40] For a child under the age of majority attending post-secondary and living away from home, the table amount must be awarded, but it may be appropriate to reduce a s. 7 award to account for any contribution by the child and the reduced burden on the custodial parent: P.R.M. v. B.J.M., 2012 BCSC 1795.
VANCOUVER SUPPORT LAWYER LORNE MACLEAN, QC
If you want to know what your obligation and your child’s responsibilities are to pay for their post secondary education, call us. Different approaches to how support is paid apply when a child lives away or away from home for part of the year. Part time jobs, RESP’s, trusts, loans, grants and scholarships amongst other factors all come into play.
