Does Child Support Continue While a Child Is in College or University in Ontario?
Often yes. In Ontario, every parent must support an unmarried child who is a minor, is enrolled in a full-time program of education, or cannot withdraw from parental charge because of illness, disability or other cause, to the extent the parent is capable of paying. Support does not end automatically when a child turns 18; an order or agreement can set an end date, and if it is silent, both parties must agree to end payments or a judge decides.
For divorcing parents, the Divorce Act treats a child at or over the age of majority as a 'child of the marriage' if the child is still under their charge but cannot withdraw or obtain the necessaries of life because of illness, disability or other cause. For a child at or over the age of majority, the court applies the Guidelines as if the child were a minor, unless it finds that inappropriate, in which case it may set an amount having regard to the child's circumstances and each parent's ability to contribute.
Expenses for post-secondary education can be added to the table amount as a special or extraordinary expense. Whether an adult student remains dependent depends on the facts.
Key takeaways
- A parent must support an unmarried child who is enrolled in a full-time program of education, to the extent the parent is capable of paying.
- Support does not end automatically at 18; an order or agreement can set an end date, and if it is silent, both parties must agree or a judge decides.
- For a child at or over the age of majority, the court applies the Guidelines as if the child were a minor, unless it finds that inappropriate.
- Expenses for post-secondary education can be added to the table amount as a special or extraordinary expense.