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Child Support for Adult Children

Published: October 23, 2019

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Child Support for Adult Children

What happens to a payor’s child support obligations once his or her children are adults pursuing higher education? Does child support terminate, or does it remain payable? An Ontario court grappled with this interesting question in Makdissi v. Masson.

The Parties’ Story

The parties were married in June 1993, separated in September 2001, and divorced in March 2004. They had two children together, aged 22 and 23.

The father was a university professor and the mother was a physician.

In 2011, an order for child support was made. The judge at the time decided that the child support tables were not appropriate in determining the level of child support, and ordered the mother to pay the father child support in the amount of $4,000 per month, as well as 82% of the children’s extraordinary expenses. This amount was meant to cover the “indirect expenses” for the children, such as housing, utilities and groceries.

Since 2011, one child had been admitted to a doctoral program at a university, and the other child also hoped to pursue a doctoral program at another university.

The mother brought a motion for an order terminating support for each child on the date they completed, or would complete, a second post-secondary degree (i.e., when they each had earned a master’s degree).

The Relevant Legal Principles

Section 17(4) of the Divorce Act provides that the court must be satisfied that there has been a “change of circumstances” before granting a variation in child support.

In addition, section 14 of the Federal Child Support Guidelines provides that where the amount of support was calculated using a basis other than the child support tables (as was the case here), any change in the “condition, means, needs or other circumstances of either spouse or of any child who is entitled to support” constitutes a change in circumstances.

The Divorce Act also outlines that a parent may be obligated to continue paying child support for a child that “is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessities of life.”

The factors often applied to this question are from a Supreme Court of British Columbia case, Farden v. Farden, and include:

  • 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;
  • whether or not the child has applied for, or is eligible for, student loans or other financial assistance;
  • 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;
  • the ability of the child to contribute to his own support through part-time employment;
  • the age of the child;
  • the child’s past academic performance, whether the child is demonstrating success in the chosen course of studies;
  • what plans the parents made for the education of their children particularly where those plans were made during cohabitation; and
  • at least in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated their relationship from the parent from whom support is sought.

The Court’s Decision

The court found, firstly, that there had been a significant change in circumstances that justified a review of child support in this case. One child was on their way to completing a master’s degree, and the other child was enrolled in a PhD program. Furthermore, the incomes of the parties and the children had changed.

In concluding that the change in circumstances did not end the mother’s obligation to pay child support, the court noted that this was a family with high academic expectations, very intelligent and academically motivated children, and a combined income approaching one million dollars per year. In the court’s view, the parties could afford post-secondary education for their children, and the children had not repudiated their relationship with the mother. Overall, the court found that, in this instance, all of the Farden factors favoured an ongoing entitlement to support.

Lessons Learned

Depending on the circumstances of your case, your child support obligations may not terminate when your child(ren) reach the age of majority. If you have questions about your child support obligations or rights, it is best to speak with a lawyer. At Gelman & Associates, our lawyers provide exceptional legal representation in all family law matters. Our goal is to always empower clients to make informed decisions about their future. We give all prospective clients a comprehensive family law kit during their initial consultation, as well as a copy of our firm’s handbook on separation and divorce. This information is full of resources that will help you understand and navigate the difficult and often complicated separation and divorce process.

With six offices throughout Aurora, Barrie, Downtown Toronto, Mississauga, North York and Scarborough, we are easily accessible by transit and off-highway. Our phone lines are open Monday to Friday from 8:00 a.m. to 8:00 p.m. Call us at (844) 736-0200, or contact us online to schedule an initial consultation.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - child support

The Federal Child Support Guidelines are in place to dictate a fair amount of child support, and generally courts are inclined to follow the guidelines strictly. The guidelines employ a mathematical formula taking into consideration the support paying parent’s annual income and the number of children and provide an amount. The general rule is that the guidelines should be adhered to.  There are a few circumstances, however, which permit a court to deviate from the Child Support Guidelines. Examples are as follows:

Where the person seeking child support is not a biological parent but rather one who stands in place of a parent. This means that a divorcing step parent could be ordered to pay child support to his or her step-children if that spouse stood in the place of a parent during the marriage. According to the Divorce Act, a spouse “stands in place of a parent” when his or her conduct manifests an intention of placing himself or herself in the situation ordinarily occupied by the biological parent by assuming the responsibility of providing for the child’s economic and parenting needs. Courts will look at a variety of factors before making this determination.

Where the child is over the provincial age of majority. This is determined by the laws of the province where the child ordinarily resides. If the child ordinarily resides outside of Canada, the age of majority is eighteen years of age.

Where the support paying parent earns an income of more than $150,000 . In cases where the paying spouse makes more than $150,000 per year, he or she will be ordered to pay the guideline amount for the first $150,000, and the court has discretion whether to impose a higher amount in child support due to the income earned in exess of $150,000.

In split custody arrangements whereby each parent has custody of one or more of the children. Where split custody exists, the amount of child support is determined by calculating the difference between the amount that each would otherwise pay if a child support order were sought against each of them. In situations where parents earn roughly the same income and each is responsible for the support of a child of the marriage, the court can decline to make any order for child support.

In shared custody or access arrangements where a child spends at least 40 percent of the year with each parent. If shared custody is established, then the court is permitted to deviate from the regular guidelines. Section 9 of the Federal Child Support Guidelines addresses this situation and provides that the court should consider the guidelines amount, in addition to the increased costs of shared custody, and the conditions, means, needs and other circumstances of each spouse and of the children. Section 9 promotes flexibility and fairness and leaves discretion with the judge to consider the circumstances.

Where undue hardship arises and the household income of the party asserting undue hardship does not exceed that of the other household . Simply showing it will be hard to make the payments won’t suffice; to meet this standard you must show that the hardship caused by the payments will by excessive, extreme, improper, unreasonable or unjustified.

For help navigating your child support obligations and/or entitlements, please contact your Toronto divorce lawyer.

Child support is calculated mechanically, considering the parents’ salaries and the children’s location. The amount of child support each parent is responsible for is usually calculated using their total gross income according to line 150 of the tax return, how many children are involved, and their domicile.

In cases involving child support, you must typically serve and file financial disclosure. Financial disclosure is providing facts about your finances to the opposing party and the court, including your income, spending, assets such as property and other valuables, as well as debts.

Yes, it may be possible for you to pay for child support directly to your child, but it’s worth noting that this only happens in rare cases. Usually, you’re obligated to pay it to the other parent.

If you’re facing child support issues, your lawyer might refer to the Federal and/or provincial or territorial guidelines to assess what rules would apply to your situation.

In Canada, you’re obliged to pay for child support until the dependent reaches the age of 18 or until the child becomes independent or feels that they have reached a sense of maturity.

There are three main factors to consider in computing child support in Ontario:

  1. The paying parent’s income;
  2. Province where the paying parent is residing;
  3. Number of children the paying parent is supporting;

In addition to the above, the amount of child support from the paying parent may be adjusted based on the parenting agreement. If the parents have a parenting agreement that provides that the child or children are with either parent at least 40% of the time, then both parents’ income may be considered.
Further, the Child Support Guideline in Ontario and the Child Support calculator must be consulted in determining the amount of child support that the paying parent must give.
It must be noted that in Canada there are no States. Instead, there are Provinces. The Province where the paying parent is located will be a determining factor on which table or guideline will be used. i.e. if the paying parent resides in Ontario, then the Child Support Table in Ontario will be used in determining the amount of child support; if the paying parent resides in a different province in Canada, then the Federal Child Support Guideline in the province where the paying parent ordinarily resides will be used in determining the amount of child support; etc.

Parenting arrangements affect child support. Under Section 9 of the Federal Child Support Guidelines:
“Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40 percent of the time over the course of a year, the amount of the child support order must be determined by taking into account:
(a) the amounts set out in the applicable tables for each of the spouses;
(b) the increased costs of shared custody arrangements; and
(c) the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.”

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