Child Support for University Students in New Brunswick

Many parents and young adults wonder what happens to child support when a child starts university or college. Under the Federal Child Support Guidelines, the court can add post-secondary education costs to the table amount as a special or extraordinary expense. The answer depends on the child's circumstances and what the order or agreement says.

This article explains how post-secondary costs are treated under the Federal Child Support Guidelines and what proof is helpful to gather. Because eligibility turns on individual facts, a lawyer can confirm how the rules apply to you.

This article covers the law of New Brunswick.

Does support continue during post-secondary studies?

There is no one-size-fits-all rule. Whether a student is still entitled to support depends on the facts, including the child's situation and the wording of any existing order or agreement, and a lawyer can confirm where you stand.

What the Guidelines do say is that the presumptive child support order is the table amount for the number of children and the paying parent's province and income, plus any special or extraordinary expenses. Post-secondary education is one of the expenses the court can add to the table amount.

How post-secondary costs are treated

The court can add special or extraordinary expenses to the table amount, such as child care, the child's share of medical and dental insurance premiums, and post-secondary education. Extracurricular costs count only if they are extraordinary.

• Post-secondary education can be added as a special or extraordinary expense.
• The paying parent's income is generally based on the Total income line of the T1 General tax return, adjusted under Schedule III.
• The court can look at the last three years if the current figure would not be the fairest measure.
• The court can impute income, for example where a spouse is intentionally under-employed or unemployed.

How costs are divided between parents, and how much the student may be expected to contribute, depends on the circumstances, so it is worth confirming with a lawyer how this applies to you.

Other factors that can change the result

If the student spends substantial time with each parent, the shared parenting rules may matter. Where each parent has a child for not less than 40% of the time over the year, the court must consider the table amounts for each parent, the increased costs of shared parenting and each parent's and the child's circumstances, and it is not an automatic set-off.

The court can also depart from the table amount if a spouse or child would otherwise suffer undue hardship, but the claim must be denied if the claiming household would have a higher standard of living than the other. Spouses can also agree in writing on income if the court finds the agreement reasonable.

Proof of enrolment and need

A court or the other parent will want evidence, not just a statement. The documents you gather will vary, but these are the usual kinds of proof people are asked for.

• Letter of acceptance and proof of current enrolment from the school.
• Course load and the expected length of the program.
• Tuition and fee statements, plus books and housing costs.
• Any scholarships, bursaries, student loans or earnings the student receives.
• Where the student lives during the school year and who pays for what.
• Income documents for both parents, such as tax returns.

Keep copies of everything and update them each term. Missing or out-of-date records can slow a request down.

What to do next

Start by reading your current order or separation agreement, since it may already deal with post-secondary education. If it does not, or if circumstances have changed, ask a lawyer whether a variation or a new application is the right step.

If support is ordered in New Brunswick, the order is automatically filed with the Office of Support Enforcement (OSE), and the recipient has eight days after the OSE materials are sent to opt out and receive payments directly.

Frequently asked questions