A recent Ontario case ordered child support for a 27 year old daughter who had returned to university (her fifth year of university studies) to improve her grades and obtain credits so she could qualify for admission to teacher's college. She obtained those credits in May 2007, then enrolled in teacher's college in New York State, finally graduating with a Master's Degree in Education and became certified to teach in Ontario in November 2008. The issue was arrears of child support until December 2008. The Court concluded that her father should support this child to the completion of the teacher's college course of study.
In this case the daughter had been living at home during her university and teacher's college studies, had begun her second degree immediately following her graduation, was diligent in pursuing her studies and was enrolled full time. She completed her studies before reaching the age of 25 and her decision to become a teacher was a reasonable one, given her background. She had been unable to obtain student loans because of the combined incomes of her parents, had worked part-time jobs to contribute to her own education, and her course of studies was congruent with her parents' financial circumstances.
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In earlier times courts across Canada used to feel that supporting an adult child to the end of his or her first post-secondary degree was sufficient and that after that they were responsible to fund their own decisions. Then courts began ordering child support for a child seeking a postgraduate degree if one or both of the parent themselves had postgraduate degrees. Now it's pretty clear that the courts will look to see if any child should be supported for a second or postgraduate degree and order continuing child support if the facts justify it.
The facts in this case make it clear that if you have a child reasonably pursuing her or his education with sensible plans and in need of support, the courts will order that support. Perhaps not every child of this age will fit the facts of this case, but we can't advise clients that child support will end after the first post-secondary degree any more. The bigger question is when child support won't be ordered as the barrier moves.
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By Elizabeth Mourao
Elizabeth is an associate lawyer with the Ricketts, Harris Family Law Group. She may be contacted 416 364-6211 or by email at emourao@rickettsharris.com |
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