Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    I pay child support for my 17-year-old who lives with her mother. She turns 18 during the school year, I pay the table amount for child support. Next academic year she will be attending Queen's University and commuting back to Toronto on the odd weekend, school breaks and I will only live with her during the summer vacation. She will likely have a summer job as a camp counselor, like last year. Am I to pay the same amount of child support? My wife earns the same amount of income as I do, about $70,000 yearly. As it is we will be splitting the costs of the child's post-secondary education, including tuition fees, residence, books, etc
    Posted:
    Notice: Undefined property: stdClass::$post_date in /var/www/webapp/ui/mlb_faq.php on line 96


    Under the Child Support Guidelines, you no longer automatically pay the amount
    stipulated for child support tied to your gross yearly income once the child turns 18. That amount
    is just one factor to consider. In your situation, the court will consider that you both are already
    paying your proportionate share of the child's living costs and educational costs at Queen's
    University and that she is certainly not living at home "full-time" any longer. However, from my
    reading of the Court's decisions on facts such as yours, the judges have ruled that the child's
    mother still has substantial costs in keeping a "home base" for your child when she comes home;
    i.e. that extra bedroom and facilities, especially for those special weekends, school breaks and
    summer holidays. The Ontario Court of Appeal has also recently ruled that the child herself has
    to contribute something towards her schooling either from her own assets (if inherited), savings
    or summer earnings to relieve the burden on the parents. The end result is that, depending on the
    size of the income of the payer, the court may or may not modify the basic amount of child
    support (called the "table amount") that he must pay based upon his or her gross yearly income.
    In your particular case, I suspect there may be some reduction from the table amount given that
    both of you earn the same amount of income. However, if you were earning $150,000 yearly I
    would be less certain a judge would make any modification. The difficult questions begin to arise
    when the adult child begins bouncing back and forth between the two parental homes, begins
    working "co-op", starts taking "half-time" courses, moves in "part-time" with her boyfriend,
    stops communicating with Dad, or drops out because of illness. There are no easy answers.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.





Document Banner