What are 8 Factors To Consider For Adult Child Support? In today’s blog, Gurdeep Khosa explains 8 Factors to determine whether an adult child’s educational pursuits are “reasonable”. The best child support lawyers know that child support does not automatically end at 19 and can continue even up to completion of a second university degree. Our family lawyers are amongst the best child support lawyers and we are proud to have set record child support of $21,000 per month for one child in university along with spousal support of $100,000 per month.
Vancouver 8 Factors To Consider For Adult Child Support 604 602 9000
As reported in the news of late, see CBC article re: Francesco Aquilini, Vancouver Canucks owner Francesco Aquilini’s ex-wife, Tali’ah Aquilini is seeking continued child support payments while the parties’ children attend post-secondary education. The children have all alleged that he physically and psychologically abused them when they were young.
The parties’ children are currently 20, 22 and 24 and are attending post-secondary institutions. One is attending a graduate program overseas; the second is studying medical engineering and third is in medical school, with the hopes to be a surgeon. Tali’ah Aquilini has stated that that Francesco Aquilini had provided child support up until September 2021, but then stopped payments.
The parties are at odds over information about the children’s university education being withheld from him. The children expressed a desire not to disclose their information so that they could not be contacted by their dad. Francesco Aquilini’s counsel argued that the redactions of information from the children on their university expenses have prevented Aquilini from getting the information he needs to know whether the kids currently qualify as children of the marriage and therefore qualify for support. The best child support lawyers know that a breakdown in a relationship between parent and children is just one factor to be considered in adult child support cases.
Surrey 8 Factors To Consider For Adult Child Support 604 602 9000
The issue is: whether Francesco Aquilini is obligated to pay ongoing child support while the children attend post-secondary institutions despite not being provided with fulsome information related to the expenses? The best child support lawyers know a parent should be more than an “ATM” for support and should normally know if a child is in fulltime attendance, what their marks are, and whether the post secondary education plan makes sense for the child.
Child over the age of majority
The parent who alleges an adult child ( over 19 in Bc and over 18 in Alberta) remains a child of the marriage bears the burden of proof on the balance of probabilities (Classen v. Anima, 2011 BCSC 868; S.A.H. v. I.B.L., 2018 BCSC 544 at para. 217).
Child Pursuing Post-secondary Education
In deciding whether post-secondary education is a valid reason for continued support, the court considers whether the child’s educational pursuits are reasonable, and if so, whether it is appropriate for the parents to finance the child’s education (Nordeen v. Nordeen, 2013 BCCA 178; for a statement of the principles, see Dring v. Gheyle, 2018 BCCA 435 at paras. 49 to 53).
The best child support lawyers explain to their clients the factors relevant to determining whether a child’s educational pursuits are reasonable include, but are not limited to:
- whether the child is studying on a part-time or full-time basis;
- whether the child has applied for, or is eligible for, student loans or other financial assistance;
- whether the child’s career plans are reasonable and appropriate;
- the child’s ability to contribute to their own support through part-time employment;
- the child’s age;
- the child’s past academic performance and whether the child is demonstrating success in their chosen course of studies;
- the parents’ plans for the education of their children, particularly where those plans were made while the family was intact; and
- in the case of a mature child who has reached the age of majority, whether the child has unilaterally terminated the relationship with the parent from whom support is sought.
Kelowna 8 Factors To Consider For Adult Child Support 604 602 9000
The Farden factors are not a checklist or statutorily mandated criteria. Individual factors are of varying importance in different cases and all relevant factors must be considered. There is no arbitrary cut-off point based on the number of degrees or the eligibility of the student for financial assistance. The applicant need not lead evidence on each of these factors to discharge the burden of proof on this issue (Darlington v. Darlington, 1997 CanLII 3893 (BC CA)).
Best Child Support Lawyers Can Help
The judge in the Aquilini matter has reserved judgement. We shall follow up in a subsequent blog.
Given the above, which way do you think the Court will rule? If you have questions on child support contact us across Canada.
