How is child support calculated when the child only remains a child because of his post-secondary education?

British Columbia, Canada


The following excerpt is from C.A.M.T. v. A.P.G.T., 2011 BCSC 1456 (CanLII):

In Johnson v. Johnson, [1998] B.C.J. No. 1080 (S.C.), Pitfield J. discussed the court’s discretion under s. 3(2) of the Guidelines to order payment of support for an adult child in the table amount, or where appropriate, in some other amount, having regard to the condition, means, needs and other circumstances of the child, and the financial ability of each spouse to contribute to the support of the child. At para. 12, Pitfield J concluded that it was not appropriate to determine child support in the table amount where the student only remained a child because of his pursuit of post-secondary education, and lived at home or away from home depending upon the time of year, convenience, affordability and need. Rather, the costs of post-secondary education, including tuition and institutional expenses, room and board or equivalent expenses, books, travel and miscellaneous expenses reasonably attributable to the pursuit of that education, were to be shared by the parents in proportion to their incomes, after taking into account the child’s ability to contribute.

Other Questions


Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
Can a child be considered a child of the marriage if the child is taking a break from education to support her education? (British Columbia, Canada)
Can pursuing postsecondary education result in adult child remaining a child of the marriage? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the impact of s. 9 of the Child Support Guidelines on the calculation of child support under a shared custody agreement? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
How is child support calculated when the income of a spouse is less than the income required for child support? (British Columbia, Canada)
Can pursuing post-secondary education result in a child remaining a child of the marriage? (British Columbia, Canada)
When a child does not continuously pursue post-secondary education but lives at home and works part-time, can a payor parent be relieved from a portion of the child support payment for that period? (British Columbia, Canada)
Does the Court have to determine child support under s. 4 of the Child Support Guidelines by looking only at the lifestyles of children of similarly wealthy families? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.