The best Kelowna Penticton Child Support Lawyers understand the complexities of calculating a parent’s true income, the proper special and extraordinary section 7 expenses and making sure both parents contribute their fair share so your child succeeds in life. MacLean Law’s Kelowna high net worth child support lawyers set the record in BC for a single child.
In today’s blog, Fraser MacLean Kelowna and Penticton child support lawyer sets out the principles related to adult Kelowna child support.
To learn more about our record child support awards won by Lorne MacLean, KC and Fraser MacLean of $21,000 per month on an interim basis and $16,000, per month on an ongoing basis for a single child in University click on the links.
Our multiple award winning family lawyers at MacLean Law know children deserve the best standard of living possible so they excel in life just as their parents always dreamed they would when they were born. What happens in cases of post secondary education when a child is so skilled that they wish to pursue a second degree? Often these children come from a family where both parents obtained more than one degree and both parents agree their child should do no less than they did in achieving a successful career.
KEY TAKEAWAY: There is no automatic cut off of child support at age 19.
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Sometimes parents can’t agree on the importance or financial feasibility of an extended period of post secondary schooling. The Kelowna Penticton Child Support Lawyers help parents and children address this potential impasse and share the costs of this obligation amongst them all. Call Lorne MacLean, KC or Fraser MacLean in our Kelowna and Penticton family lawyers office if you need help.
Kelowna Penticton Child Support Lawyers – Child Support for Children Pursuing a Second Degree
A question that often comes up for separating parents is, whether child support is payable for a child who is attending post-secondary education to obtain a second degree. Your child attended university or college for four years already and obtained a degree in Political Science. He or she has now decided that Political Science is not the right subject for him and wants to pursue music. Are you responsible for paying child support to your former spouse while your child attends DJ school? The answer is: it depends.
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In the leading case of in Farden v. Farden (1993), 48 R.F.L. (3d) 60 (B.C. Master), the Court set out the factors that will be considered in deciding whether child support is payable for a child who is attending a post-secondary institution :
(1) whether the child is in fact enrolled in a course of studies and whether it is a full time or part time course of studies;
(2) whether or not the child has applied for, or is eligible for, student loans or other financial assistance;
(3) the career plans of the child, i.e., whether the child has some reasonable and appropriate plan or is simply going to college because there is nothing better to do;
(4) the ability of the child to contribute to his own support through part-time employment;
(5) the age of the child;
(6) the child’s past academic performance, whether the child is demonstrating success in the chosen course of studies;
(7) what plans the parents made for the education of their children, particularly where those plans were made during cohabitation;
(8) at least in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.
In that case, the court held that child support was not payable to the recipient because he was not pursuing a course of studies which may have led to some appropriate career plan. The court also found that he was able to work while studying to support himself because he was proceeding with his further education at a leisurely pace by taking two courses per semester.
The factors set out in Farden have been applied in subsequent cases where child support is sought for a child who is attending university to obtain a second degree. Generally speaking, child support is award for children in the process of obtaining a second degree if the second degree is consistent with the child’s aptitude or past academic performance as well as the child’s career plan.
For example, in N. (W.P.) v. N.(B.J.), 2005 BCCA 7, 36 B.C.L.R. (4th) 330, the Court of Appeal held that child support was payable for the child who had been accepted to medical school and was exemplary student who had contributed to her educational expenses by qualifying for and receiving scholarships, bursaries and grants.
To see a further blog from out Best* Kelowna Penticton Child Support Lawyers on post secondary education costs click here.
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Not sure if child support will be granted for your child while he is pursuing a second degree? Contact one of our skilled lawyers are MacLean Law to learn about your legal rights and responsibilities in respect of your child.
If you have a high net worth family law case and want substantial spousal and child support, consider hiring Lorne MacLean, QC who has obtained some of the highest spousal and child support awards in Canada including awards approaching $100,000 per month!
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