Child Support for Adult Children – Are Parents Responsible to Pay?

Key Takeaways

• Parents may still need to pay child support for their adult children, especially if the children are in post-secondary education or have a disability.
• Child support usually covers basic necessities, but it does not include post-secondary education expenses, which are considered extraordinary.
• Parents divide extraordinary post-secondary education expenses based on their respective incomes, after considering the child’s contribution.
• If a child lives at home while studying, parents pay both the basic table amount and extraordinary expenses. If the child lives away from home, the court may reduce or eliminate the basic table amount.
• Parents or children who do not contribute fairly may have their incomes imputed by the court.
• Common post-secondary education expenses include tuition, books, living expenses, transportation, student fees, and computers.
• The obligation to support children through multiple degrees (e.g., Masters, PhD) depends on the parents’ financial means and the reasonableness of the child’s educational pursuits.
• Consulting a family law lawyer can help navigate child support obligations and ensure a fair outcome for all parties involved.

When Does Child Support End?

Although many divorced parents believe that their child support obligations are terminated once a child turns 18, they may be surprised to hear that their economic responsibilities do not end there. In Ontario, the general rule is that child support must be paid until the child reaches 18 years of age. However, this is not entirely true. Parents have a continuous obligation to financially support their children as long as the children are considered dependents.

Usually, only children under the age of 18 are considered dependents. However, a child over the age of 18 may also be considered a dependent if they have a disability or are pursuing studies in post-secondary education.

Does Child Support Cover Post-Secondary Education Expenses?

When parents divorce, typically one parent must pay the table amount of child support. A formula calculates the table amount of child support by considering the parents’ gross income and the number of children in the household. This basic child support covers the necessities of the child such as food, clothes, shelter, etc., and the receiving parent spends it at their full discretion . (Please refer to our previous blog where we discuss the basics of child support for more information).

Expenses related to post-secondary education are not covered under the base table amount of child support. Instead, post-secondary expenses are found under s.7(1)(e) of the Child Support Guidelines:

“7 (1) In a child support order the court may, on either spouse’s request, provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the spouses and those of the child and to the family’s spending pattern prior to the separation:

(e) expenses for post-secondary education”.

Who Pays For My Child’s Post-Secondary Education?

The law requires all parents to support a child enrolled in a full-time educational program, as long as the child is unmarried and the parent has the means and capability to provide financial assistance (section 31(1) Family Law Act). 

However, the parents are not the only ones that should be financially responsible for such expenses. he Guidelines state that parents should split all extraordinary post-secondary education expenses proportionally to their respective incomes, after deducting the child’s contribution. (section 7(2) Child Support Guidelines).

Basic Example. Child 1 contributes $5,000 towards their education. Parent 1 earns $30,000/year and Parent 2 earns $90,000/year. The total education expenses amount to $20,000. Thus, after deducting the Child’s contribution of $5,000, Parent 1 will pay $5,000 and Parent 2 will pay $10,000.

The case law aims to help resolve disputes between parents and between parents and their children by establishing two main approaches for educational expenses and child support. The first approach addresses situations where the child lives at home with one parent while pursuing their studies. In these cases, the parent will pay the basic table amount of child support and any extraordinary post-secondary expenses.

However, if the child lives in a school residence away from home during their educational period, the courts tend to reduce or eliminate the base table amount of child support while including the section 7 expense as discussed above.

Although the Guidelines outline this division, the reality is more complex, especially when parents and children cannot agree on which expenses need to be paid, the incomes of each party, and the children’s contributions.

Additional considerations

Sometimes parents purposely reduce or conceal their incomes to reduce their portion of the contribution. However, if this occurs the law attempts to remedy the situation by imputing the incomes of such persons. If such a case arises, the Courts may impute the income to the receiver spouse regardless of the actual income. For the purpose of support calculations, this means the court will deem the parent to earn a certain amount based on past work history, ability to work, health, education, and other factors, regardless of their actual income.

The court may also impute a salary to the children. If parents expect a reasonable contribution from the child , the child must make an effort to earn an income. This can include obtaining part-time employment, summer employment, or other means of earning money. If the child does not make any effort, the court may assign an imputed salary to the child. Additionally, part of the child’s contribution may come from student loans, grants, or scholarships. Typically,  courts deduct any such amount from the total educational expenses they would otherwise finance.

What are Educational Extraordinary Expenses?

Although we may now know who shall pay the expense of a child’s post-secondary education, we need to discuss what expenses fall into this category.

Some of the most commonly accepted expenses include the following:

• Tuition
• Books
• Cost of residence, rent or other living expenses
• Transportation
• Student fees
• Computers and other related expenses

Some of the expenses are obvious and relate to post-secondary education. However, there is a fine line between an expense that is truly an educational one, and one that is merely a comfort or desire of either the parent of the child. If a parent or child claims that a certain expense is essential for education, they must prove its necessity. They must also show that the expense is incurred in the best interests of the child.

Example. If a child is living in a residence on campus and one parent wants to claim a car for that child as a necessary educational expense, they must show proof that the child truly requires the vehicle and state why, for example, a cheaper alternative such as a bus pass will not suffice to cover any transportation needs.

Example. If both parents agree that a vehicle is a necessary educational expense for the child, but one of the parents proposes a new expensive car and the second parent declines, the first parent must prove why any other gently used cheaper car would not suffice.

Do Extraordinary Expenses Cover Second Degrees?

Although parents must support their children through post-secondary education, some educational degrees for different professions take much longer to achieve. If a child chooses to pursue a Master’s, a PhD, or attend Law or Medical School, the costs will be significantly higher and require more years of education. Does a parent’s responsibility extend to these second and third diplomas and degrees?

The courts have not yet provided a clear and concrete answer regarding this contentious matter. However, case law suggests that, in modern times, a good career generally requires more than one degree, and support for children may continue for such degrees as well. Since each person’s situation is different, the amount and length of support in each case will depend on their unique factors. For example, parents with large incomes may be capable of supporting their children through their second or even third degrees, while other parents may not have the financial means and will not be ordered to pay.

Nevertheless, support is not indefinite, and a child cannot expect a parent to support fruitless educational endeavors without proper career plans and prospects for the future. The pursuit of education must be reasonable.

The Benefits of Consulting A Lawyer

The issue of child support can never have a certain outcome. The law recognizes that every family, parent, and child is different, and you cannot create generalized support obligations through a “one size fits all” approach.

Although the law is not concrete, it is there to guide us to the most reasonable and just outcome. Lawyers knowledgeable in family law know the rights and obligations of all parties involved in child support matters and can negotiate the best possible outcome for you and your child. A family law lawyer can draft an agreement for you and your former spouse to sign, formalizing any child support arrangements.

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