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Parents' child support obligations are set out in both the Divorce
Act and the Family Law
Act. Canadian children are entitled to be supported by their parents if:
1. they're under 19; or
2. they're 19 or over, but can't take care of themselves because of of illness, disability, or another reason.
Parents of children attending a post-secondary schooling institution are often required to continue to pay child support even if the child is 19 or over as the child still depends on their parent(s) for room, board, and the "necessaries of life."
To qualify, the institution the child attends would need to be a university, college, technical college, or any other accredited post-secondary school that offers a degree, diploma, or certificate.
When trying to decide whether you must continue to pay child support while your child is going to school, courts consider the following factors:
1.the age of your child,
2.whether your child's educational goals are realistic in the sense that they will lead to employment soon after graduation,
3.whether your child is studying full-time or part-time,
4.whether your child can help pay for post-secondary education through student loans or other financial assistance,
5.whether your child can work part time to help pay for his or her own support,
6.your child's past academic performance and likelihood of success in reaching post-secondary educational goals, and
7.your own and the other parent's views about post-secondary education for your children that you discussed or agreed upon when you were married or living together.
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