Canada Family Law
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Answered in 8 minutes by:
6/16/2014
Law.Hut, Lawyer
Category: Canada Family Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
VerifiedChild-support can continue to be payable for child past age 18 if the child is unable to be financially self-sufficient because of attendance at school.
A court would look at the financial resources available to the child, as the child then has an obligation to contribute as much as possible to her own expenses. So the court would consider any employment income, student loans, scholarships, or other savings that the child may have, and the court can lower the amount of support that would otherwise be payable if the child has some significant ability to contribute towards her own expenses. Many 18-year-olds have little or no ability to contribute in any meaningful way and so the support might not decrease at all. In fact, the support can increase because the court can order that a portion of tuition expenses be shared in proportion to each parents income. So the base amount of support can continue, and parents can be ordered to each contribute towards tuition costs as an add on to that they support.
A court would look at the financial resources available to the child, as the child then has an obligation to contribute as much as possible to her own expenses. So the court would consider any employment income, student loans, scholarships, or other savings that the child may have, and the court can lower the amount of support that would otherwise be payable if the child has some significant ability to contribute towards her own expenses. Many 18-year-olds have little or no ability to contribute in any meaningful way and so the support might not decrease at all. In fact, the support can increase because the court can order that a portion of tuition expenses be shared in proportion to each parents income. So the base amount of support can continue, and parents can be ordered to each contribute towards tuition costs as an add on to that they support.
Yes, you can demand that the father start paying again.
Whether you can proceed to maintenance enforcement depends on the wording of the existing order. If it states that support will terminate at age 18, the maintenance will not be able to enforce it. But you would be able to obtain a new order if necessary through the court.
The court can consider why a child is going away, and whether this increases expenses. If there's no significant increase in expenses then it is likely not relevant. If there is significantly more expenses, then a court considers whether the child could take a similar program closer to home at reduced expense, and if so, the child could be responsible for the portion of those increased costs.
Whether you can proceed to maintenance enforcement depends on the wording of the existing order. If it states that support will terminate at age 18, the maintenance will not be able to enforce it. But you would be able to obtain a new order if necessary through the court.
The court can consider why a child is going away, and whether this increases expenses. If there's no significant increase in expenses then it is likely not relevant. If there is significantly more expenses, then a court considers whether the child could take a similar program closer to home at reduced expense, and if so, the child could be responsible for the portion of those increased costs.
Law.Hut, Lawyer
Category: Canada Family Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
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