In Ontario, child support may continue after a child reaches the age of majority where the child remains dependent on their parents, including where the child is pursuing post-secondary education. The federal Child Support Guidelines recognize expenses related to post-secondary education as potential “special or extraordinary expenses,” commonly referred to as “Section 7 expenses.”
“Special or extraordinary expenses” are child-related expenses that a court may order one or both parents to contribute to in addition to basic child support. Under s. 7, these may include post-secondary education expenses, provided they are necessary and reasonable having regard to the child’s circumstances, the financial means of the parents and child, and the family’s spending patterns before separation.
When is an Adult Child Entitled to Support?
Reaching the age of majority does not, by itself, end a parent’s obligation to provide child support.
Where a claim for support under Ontario’s Family Law Act concerns an adult child, the party seeking support must establish that the child meets the statutory requirements for continued support. This may include providing evidence of the child’s enrolment and attendance in a full-time program of education and demonstrating that the child remains dependent and has not withdrawn from parental control.
In the case of Aubert v Cipriani, 2015 ONSC, the court emphasized that enrolment in a full-time educational program does not, on its own, determine entitlement to support. The court must also consider whether the adult child remains dependent on one or both parents, both financially and emotionally.
Similarly, under the Divorce Act, there is no arbitrary age or educational cut-off that automatically terminates support for an adult child. Depending on the circumstances, a child may remain dependent while pursuing graduate studies or other post-secondary education.
How Much Should Each Parent Pay?
There is no rigid formula for determining the amount of support payable and the contribution obligations for an adult student child attending university or college, when living independently. Instead, courts consider the specific circumstances of the child and the family and attempt to arrive at an arrangement that is fair to everyone involved.
Among the factors courts may consider are:
- The parents’ financial circumstances: This includes each parent’s income, assets, expenses and overall ability to contribute.
- The child’s financial circumstances and ability to contribute: Courts may consider the child’s income, savings, assets, employment opportunities, and other available resources.
- Student loans, scholarships, grants and bursaries: The availability of financial assistance, and whether the child has made reasonable efforts to obtain it, may be relevant.
- The reasonableness of the education and career plan: Courts may consider whether the chosen program is appropriate and realistic, the duration and cost of the studies, the likelihood of academic success, and whether the education is reasonably connected to the child’s future employment prospects.
- The child’s aptitude, maturity and academic performance: A child’s commitment to their education and their academic performance may be relevant in determining whether continued support is appropriate.
- The cost of the program: Where a child chooses an unusually expensive program or institution when reasonably comparable alternatives are available, the court may consider whether the additional cost should be shared by the parents.
- The child’s accountability: An adult child may be expected to take reasonable steps toward becoming financially self-sufficient and to demonstrate a genuine commitment to their education.
- The parents’ expectations during the relationship: The family’s prior expectations regarding the child’s education and financial support may be relevant.
- The child’s living arrangements: The costs associated with attending school while living at home may differ significantly from those associated with living away from home.
- Whether the child is pursuing their first degree or further education: Courts will generally consider whether the child’s educational path is reasonable in the circumstances. Although support is commonly provided for a first post-secondary degree, diploma or certificate, there is no automatic rule that support ends once the child obtains a first degree.
Ultimately, courts consider only those factors that are relevant to the particular circumstances of the case.
What is the Adult Child Expected to Pay?
An adult child is generally expected to contribute toward the cost of their education and living expenses to a reasonable extent. However, this does not mean that the child must contribute all of their employment income or exhaust their savings before being entitled to support.
The amount the child is expected to contribute will depend on the circumstances. For example, a court may consider the child’s income, available financial assistance, summer employment, scholarships and bursaries, as well as their reasonable living expenses.
Can Child Support Continue After a First Degree?
Child support does not automatically end when an adult child completes their first degree or diploma. In appropriate circumstances, support may continue when a child pursues graduate studies, professional education or another degree.
The key question is not whether the child has already obtained a degree, but whether the child remains dependent and whether the continued education is reasonable in the circumstances. The focus is on whether the child is on track to achieving meaningful employment upon completion of their education, as well as the parties’ expectations regarding the child’s educational pathway during marriage.
What About Rent and Living Expenses?
The amount and nature of support may also depend on where the child lives while attending school.
Where an adult child continues to live with the recipient parent, the ordinary Child Support Guidelines approach may continue to be relevant to the determination of basic child support, while qualifying post-secondary expenses may be addressed separately as Section 7 expenses.
Where the child attends school away from home, however, the court may need to consider additional expenses such as rent, food, transportation, and other school-related costs. The court may then determine how those expenses should be shared among the parents and the child as section 7 expenses,
The Bottom Line
Determining who pays tuition, rent and living expenses for an adult child attending university or college is highly fact-specific. Neither parent is automatically responsible for paying all of the child’s expenses, and the costs are not necessarily divided equally.
Courts will generally consider the financial circumstances of both parents, the child’s ability to contribute, available financial assistance, the reasonableness and cost of the child’s education, the child’s academic performance and commitment to their studies, and the family’s circumstances before separation.
The objective is to determine a fair allocation of the child’s reasonable educational and living expenses while recognizing that an adult child also has a responsibility to contribute to their own support where they are reasonably able to do so.
As a result, parents dealing with post-secondary education expenses should consider the child’s anticipated tuition, housing, transportation and other expenses, as well as the child’s available income and financial assistance, when determining an appropriate contribution to those costs.
For help with child support payments, contact family law lawyer Jessica Santucci at jessica.santucci@devrylaw.ca.
This blog was co-authored by articling student Aranya Sivakumar.
This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique, and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.
