Child Support and Post-Secondary Education: What Parents Need to Know
Navigating child support after a separation can be overwhelming. Between legal questions, financial responsibilities, and adjusting to new co-parenting arrangements, it’s understandable for parents to feel uncertain about their obligations—especially when it comes to funding a child’s post-secondary education.
Questions commonly arise, such as:
- What type of education qualifies for child support purposes?
- What expenses are considered shareable for child support purposes?
- How do I calculate my income and my former partner’s income for support purposes?
At its core, child support is about ensuring that children receive the financial resources they need to thrive. An important, often overlooked aspect of this support is the continued obligation to support adult children enrolled in post-secondary education.
With the help of an experienced family lawyer, you can understand your rights and responsibilities—ensuring your child’s present and future needs remain a priority.
At Jones Divorce & Family Law, our knowledgeable Calgary-based lawyers approach each case with compassion, clarity, and an unwavering focus on what matters most: your children. If you’re facing concerns about child support and post-secondary education, we’re here to provide trusted legal guidance tailored to your family’s needs.
Child Support and Post-Secondary Education in Alberta
In Alberta, child support does not automatically end when a child turns 18. If your child is enrolled in post-secondary education, they may still qualify for support under both the Alberta Family Law Act and the federal Divorce Act. These laws recognize that higher education is often essential for a young adult’s independence.
The determination of child support for adult children requires a contextual analysis of the family’s circumstances. For example, if the child continues to live with one parent, that parent may receive base monthly support. If the child lives away from home, parents may be required to share the costs of tuition, housing, and other education-related expenses proportionate to their respective incomes. Each situation is unique, and the court will consider both the means of the parents and the needs of the child to assess what is fair and reasonable.
It is important to note that child support applications for post-secondary education must be filed before the child turns 18. If no court order or application is filed with the court by the time the child reaches the age of majority, it may not be possible to seek support through the courts. Because of this, we strongly encourage parents to seek legal advice early to ensure their children’s educational needs are fully protected.
Factors Courts Consider for Education Support
Courts in Alberta have wide discretion when deciding whether to order support for an adult child and how much support should be paid. Some of the key factors a judge may consider include:
- Whether the child is enrolled in a course of studies, and whether it is a full-time or part-time course of studies;
- Whether or not the child has applied for or is eligible for student loans or other financial assistance;
- The career plans of the child;
- The ability of the child to contribute to his/her support through part-time employment;
- The age of the child;
- The child’s past and present academic performance;
- What plans the parents made while they were still together for the education of their children;
- Whether or not the child for whom support is sought has unilaterally terminated a relationship with the parent from whom support is sought; and
- The ability of the parent to support a child beyond a first degree.
No single factor is determinative. Courts may consider additional elements based on the family’s specific situation. That’s why it’s critical to receive legal advice tailored to your case. At Jones Divorce & Family Law, we can help you understand what the courts may consider reasonable and how to effectively present your position.
How Parents Can Prepare
Navigating post-secondary education and child support requires proactive planning and open communication. Here are some steps parents can take:
1. Start the Conversation Early – Talk with your child about their educational goals and financial expectations before high school graduation.
2. Seek Legal Guidance – Agreements can be modified in advance to account for future educational expenses. A lawyer can help ensure your agreement is fair and enforceable.
3. Create a Budget – Consider tuition, textbooks, housing, transportation, and other living costs. Factor in the child’s contributions, including part-time work, scholarships, or grants.
4. Review Living Arrangements – If your child lives with one parent while studying, that arrangement may affect eh level and type of support required.
How Child Support Lawyers in Calgary Can Help
Post-secondary education and child support can often become areas of confusion and conflict for families. At Jones Divorce & Family Law, our experienced Calgary lawyers can help to clarify Alberta’s legal framework around child support, negotiate child support agreements, and represent you in court or arbitration if necessary.
With the right legal support, you can reduce uncertainty and focus on helping your child succeed. Contact Jones Divorce & Family Law to learn how we can help you navigate this important stage with confidence.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.
