How does child support work for a child in post-secondary school in British Columbia?
This answer covers the law of British Columbia.
It can continue. The duty to pay child support generally continues until the child turns 19, but a child still in school or university may remain dependent after 19. Under the Family Law Act, a child for support purposes includes a person 19 or older who, because of illness, disability or another reason, cannot obtain the necessaries of life or leave the charge of their parents or guardians.
For a child who is of the age of majority or over, the amount is either the Guidelines amount as if the child were a minor, or an amount the court considers appropriate having regard to the child's condition, means, needs and other circumstances and each parent's financial ability to contribute. On a parent's request, the court may also add post-secondary education expenses, shared in proportion to the parents' incomes after the child's own contribution.
Support does not end automatically in an existing order, because a court may change, suspend or terminate it on application. Proof of enrolment and information about the child's own resources can matter to these questions, so gather them early. The right approach depends on your facts, and a lawyer can help you assess it.
Key takeaways
- Child support generally continues until the child turns 19, but a child still in school or university may remain dependent after 19.
- For a child of the age of majority or over, the amount is either the Guidelines amount as if the child were a minor or an amount the court considers appropriate.
- Post-secondary education expenses can be added on a parent's request and are shared in proportion to income after the child's own contribution.
- Support does not end automatically in an existing order, and a court may change, suspend or terminate it on application.