CHILD SUPPORT GUIDELINES
SUPPORT FOR CHILDREN OVER THE AGE OF MAJORITY

Each parent is liable for the support of their children before and after the separation. You may need to discuss the specific facts of your situation with us to ensure that you have all the legal advice relevant to your situation.

The Child Support Guidelines
Since 1997, child support, for all support cases in Ontario Courts, has been determined in accordance with the Child Support Guidelines. The guidelines consist of a set of rules and tables to calculate the amount of support that a paying parent should contribute toward his or her children. The tables take into account three factors
level of income of the paying parent
number of children
province or territory of residence
The guidelines presumptively set the amount of support payable by a table. The table amount is based on the payor's income with no consideration of either the recipient's income or the actual expenses of the children. One situation where the tables may not apply is for the support of a child over the age of majority.

Support for Children Over the Age of Majority
The Courts have an option to assess child support in respect of children who have attained the age of majority in either one of two ways:
Child support can be determined according to the presumptive table amount. The table amount may be increased for special or extraordinary expenses which are necessary and reasonable in light of the best interests of the child and means of the parents. One of these is expense for post-secondary education. As a general rule, each parent shares in the expense in proportion to his or her income.
If the Court considers the table approach inappropriate, it may set the appropriate support having regard to the child's condition, means, needs and other circumstances as well as the financial ability of the parents to contribute to the child's support

Issues in Determining Support for Children Over the Age of Majority
Recently Courts have considered many issues on this topic including: In what circumstances will a support obligation continue for a child over the age of majority?

The term "Child of the marriage" is defined in s. 2 of the Divorce Act, as: "a child of two spouses or former spouses who, at the material time,
(a) Is under the age of majority and who has not withdrawn from their charge, or
(b) Is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life."
The onus to prove that a child is a "child of the marriage" rests on the one seeking support. It is clearly a question of dependency and not a question of age. Relevant circumstances that Courts have considered include the following:
Is the child enrolled in a course of studies and is it full-time or part time;
Has the child has applied for, or is eligible for, student loans or other financial assistance;
Does the child have some reasonable and appropriate plan or is simply going to college because there is nothing better to do;
What is the ability of the child to contribute to his own expenses;
The age of the child;
The child's past academic performance; is the child demonstrating success in the chosen course of studies;
What plans the parents made for the education of their children, particularly where those plans were made during cohabitation;

When will a Court determine the table amount is inappropriate?
Where adult children are attending university or college away from home, Courts normally do not establish child support based upon the Guideline table amount but rather resort to the condition, means and needs consideration set forth in s. 3(2)(b) of the Guidelines. The rationale is that economy of scale is reflected in the table where the child is residing in the same household as the recipient parent. Therefore, different considerations should apply to a student attending school away from home.

What model will the Court use to establish the child support obligation if a Court determines that the table amount is inappropriate?
It is clear that direct post-secondary costs of the child will be allowed including tuition fees, books, laboratory and similar fees. Indirect costs of post-secondary education can also be allowed including residence costs, meal plans and food costs, transportation costs etc. The claimant bears the burden of adducing sufficient evidence. The expense must be proven. It must actually have been incurred or will actually be incurred, in the near future. Sufficient additional evidence must be introduced to the Court so the Court can use its discretion. The claimant must establish the quantum of the expense to enable the Court to pronounce on some form of expense sharing order.

What contribution should the child make to his or her own education?
Children pursuing post-secondary education are expected to contribute to the cost of their studies. The Court may assess support for a child over the age of majority pursuant the table, under section 3 (2)(a) together with section 7 special expenses for post-secondary education, or in an amount that the Court considers appropriate under section 3 (2) (b). Mention is made in both of these sections of a child's duty to contribute. Under section 7 (2) the parents' contribution to the expenses for post-secondary education are shared in proportion to their respective incomes after deducting from the expense the contribution if any, from the child. Under section 3 (2) (b), the Court is directed to consider the condition, means, needs and other circumstances of the child.

If the child is still a "child of the marriage", does a breakdown of the relationship between the child and the support payor disentitle the child to support to support?
Courts have expressed contradicting views on this issue, examples of which are:
"where a mature child unilaterally terminates a relationship with one of the parents without any apparent reason, that is a factor to be considered by the trial judge in determining whether it would be "fit and just" to provide maintenance for that child. A father-child relationship is more than simple economic dependency. The father is burdened with heavy financial responsibilities and the child has few duties in return. It seems reasonable to demand that a child who expects to receive support entertain some type of relationship with his or her father in the absence of any conduct by the father which might justify the child's neglect of his or her filial duties."
"If an adult child is a "child of the marriage" within the meaning of Parliament and the case law, the parents of that child must support the child whether or not the child has a good relationship with them. It is easy to demonstrate that the maintenance of a good relationship with a parent is not a feature of being a "child of the marriage": a child who was physically or sexually abused by a parent, and who therefore disliked that parent and did not wish to maintain a relationship with that parent, would be disentitled to financial support from that parent to undertake a university education; ... The result would be to undermine the very intention of Parliament in requiring parents to support their children."

What terms have Courts imposed with the child support order?
Some Court Orders have imposed conditions along with the payment of child support, including:
Children have been ordered to provide information to the supporting parent including transcripts of university marks, expense reports and income sources;
A requirement that a child pursue summer work and student loans;
More intrusive conditions have sometimes been ordered such as requiring the support payor and child to meet and talk about the child's educational plan;
Court have granted access rights;
Courts have sometimes suspended the support obligation during summer months while the student/child is working.

Revision Date: Oct. 30, 2001

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