News Articles

WHO PAYS FOR POST SECONDARY EDUCATION?

Section 7 of the Federal Child Support Guidelines states that certain expenses which are special or extraordinary, are split proportionately between the parents, based on their respective incomes.  That portion may be added to the base amount of child support, to cover such things as: childcare expenses, medical and dental premiums, post-secondary education expenses, and extraordinary expenses for extracurricular activities. 

The issue of post secondary expenses is being litigated more and more frequently.  As children prepare to graduate from high school, divorced or separated parents are left wondering who is responsible for paying for their child's post secondary education. 

Although there are no hard and fast rules with respect to this issue, the caselaw can be of some assistance in answering this question.  It is clear that the obligation to pay child support does not automatically end upon the child reaching the age of majority.  Whether or not a child continues to require child support after reaching the age of 18 depends on the child's means and needs.  In making this determination a court will likely consider such things as: whether the child is enrolled in full or part-time studies; whether the child has applied, or is eligible for financial assistance; the career plans of the child; the child's ability to contribute to their own support through part-time employment; the age of the child; the child's past academic performance; any plans made by the parents regarding the child's education; and whether the child is still living at home. 

In Alberta, the courts have agreed that a child bears some responsibility for contributing to their own education, either through full-time summer employment, or part-time employment during the school year.  Despite this responsibility, a child is not obligated to apply their entire earnings towards their support and education, and is entitled to keep some for their own enjoyment.  The courts have determined, however, that not all the child's earned income must be spent on their support.  A child should also make use of scholarships, bursaries and student loans where possible. 

Typically, the difference between what the child is able to contribute by way of income, scholarships, bursaries or student loans, and the total cost of their education (including living expenses if attending school away from home), is divided proportionately between the parents based on their respective incomes. 

It is not clear however, whether the base amount of child support must still be paid when a child is attending an out of town school.  In some instances the court has ruled that base child support is only payable during the summer months while the child is living at home; but in some cases, payment has been ordered throughout the school year also.

By Gina Toni
May 25, 2005