Child Support for Adult Children in School in New Brunswick

Your child has turned 19, finished high school, or is heading to university or college. Whether child support stops, continues or changes is one of the most common worries for separated parents.

There is no single date that works for everyone. This article explains the rules we can point to, such as how school costs are treated, and what to confirm in your own order or agreement.

This article covers the law of New Brunswick.

Why there is no simple cut-off date

People often assume support ends on a birthday. Whether it does depends on the wording of your own order or agreement and on your family's circumstances, so it is worth confirming with a lawyer before you rely on any date.

The exact age rules and how they apply to your family are worth confirming with a lawyer. The wording of your own order or agreement is the best place to start, because many documents say when support ends or what must happen first.

How school costs are treated

The Federal Child Support Guidelines allow the court to add special or extraordinary expenses to the table amount. These include child care, the child's share of medical and dental insurance premiums, and post-secondary education.

The table amount itself is based on the paying parent's province of residence and income and the number of children. Post-secondary costs, such as tuition, are a separate question and are decided on the facts.

• Tuition and books may be part of the discussion, and how they are treated depends on the facts.
• Post-secondary education is one of the listed examples of special or extraordinary expenses.
• Each parent's means and the child's needs are usually discussed.
• Extracurricular costs count only if extraordinary.

Income and the amount going forward

Annual income is determined using the Total income line of the T1 General tax return, adjusted under Schedule III. The court can look at the last three years if that is not the fairest measure. Spouses can agree in writing on income if the court finds the agreement reasonable.

If the child lives away at school part of the year, the parenting arrangement may look different. Where each parent has the child at least 40% of the time over a year, the court must consider the table amounts for each parent, increased shared-parenting costs and each parent's circumstances. It is not an automatic set-off.

The court can depart from table amounts in limited cases to avoid undue hardship. A claim must be denied if the claiming household would have a higher standard of living than the other.

Agreements about school and support

Many separated parents deal with school costs in a separation agreement. A domestic contract, including a separation agreement, must be in writing, signed by the parties to be bound, and witnessed. The Court may set aside a provision for support, or a waiver of the right to support, in an agreement where it results in unconscionable circumstances.

Independent legal advice matters before you sign. The court may disregard a domestic contract provision where a spouse signed without independent legal advice and applying it would be inequitable. Clear wording about when support ends, and how school costs are shared, can prevent disputes later.

What to do next

• Re-read your order or agreement for wording about when support ends.
• Write down your child's school plans, expected costs and any funding.
• Collect recent tax returns and notices of assessment for both parents.
• Talk with the other parent early, before any change to payments is discussed.
• Before changing any payments, talk with a lawyer about the right way to deal with your existing order or agreement.
• Get legal advice if you cannot agree or the child's situation is unclear.

Because the answer depends on your family's circumstances and the wording of your documents, a short review with a lawyer can save you from a costly assumption.

Frequently asked questions