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Child Support And Post-Secondary Education: What Parents Need To Know

Child Support and Post-Secondary Education: What Parents Need to Know

When families navigate separation or divorce, child support often takes center stage in discussions about financial responsibilities. While child support typically applies to children under 18, many parents wonder: What happens when the child begins post-secondary education? In Alberta, financial support for education is a complex yet crucial topic, and understanding the legal framework can help parents plan for the future.
This article will explore the factors courts consider when determining post-secondary support, how payments are calculated, and what parents can do to prepare. At Jones Divorce Law in Calgary, our child support lawyers are here to guide you through this process and ensure you have the information you need to make informed decisions for your child’s future.

Child Support and Education in Alberta

Under Alberta’s Family Law Act and federal Divorce Act, child support doesn’t automatically end when a child turns 18. If the child is attending post-secondary education, they may still be entitled to financial support. The courts consider post-secondary education a necessary part of the child’s life, especially in today’s economic climate, where higher education is key to future independence.

Parents are legally obligated to support their children during post-secondary education, provided the child remains a dependent. This is often seen as an extension of their parental responsibility to help children achieve educational and career goals.

Factors Courts Consider for Education Support

When deciding on post-secondary child support, courts in Alberta take several key factors into account:
1. The Child’s Age and Circumstances – Courts assess whether the child is still dependent. Factors include age, level of maturity, and their ability to contribute to their own expenses. For example, if a child works part-time or receives scholarships, these contributions may affect the court’s decision and how much a parent is required to contribute to the expenses.
2. The Child’s Educational Plans – A clear plan for education, such as attending university, college, or trade school, strengthens the case for continued child support. The Court will also consider their course load and whether they are full time or not. Courts may require evidence of enrollment, program costs, and the child’s academic progress.
3. The Financial Means of Both Parents – Each parent’s income and financial situation are critical. Courts aim to ensure that both parents contribute fairly based on their ability to pay. Financial statements and tax returns may be reviewed to assess parental resources.
4. Standard of Living – The court evaluates the family’s pre-separation standard of living. The goal is to ensure that the child enjoys the same opportunities as if the parents had remained together.
5. Reasonableness of the Expenses – Post-secondary costs must be deemed reasonable. Generally speaking, the expenses that are included by the Courts are tuition, fees, reasonable living expenses if living away from home (when living away from home is necessary) and health and dental expenses above and beyond insurance.

How Support Payments Are Determined

The amount of child support that each parent is required to pay varies and is based on the means, needs, and circumstances of both the parents and the child. Typically, one parent will bring the application seeking support; however, in some cases, the child can bring the application on their own.

It is important to note that the application for support or financial disclosure must be filed while the child is still enrolled in and attending school. Depending on the circumstances, support payments can take different forms. They may be made to the other parent, directly to the child, or even to a third-party institution, such as the child’s school.

How Parents Can Prepare

Navigating post-secondary child support requires open communication and realistic planning. Here are some steps parents can take:

  • Start the Conversation Early – Discuss your child’s educational goals and financial needs well before high school graduation.
  • Seek Legal Guidance – Child support agreements can be modified to include post-secondary expenses. Working with knowledgeable child support lawyers can help ensure your agreement is fair and enforceable.
  • Create a Budget – Factor in tuition, books, housing, transportation, and other costs. Include contributions from the child, such as part-time income or scholarships.
  • Review Financial Responsibilities – If your child lives with one parent during post-secondary studies, the living arrangement may influence the level of support.

How Child Support Lawyers in Calgary Can Help

Post-secondary child support can be a source of confusion and conflict for families. Parents often struggle to balance financial obligations while supporting their child’s future. That’s where our experienced child support lawyers in Calgary at Jones Divorce & Family Law can clarify Alberta’s laws, help negotiate fair agreements, and advocate for the best interests of both parents and children.
If you’re navigating child support for post-secondary education, the proper legal support can make all the difference. Book a consultation with our knowledgeable team at Jones Divorce & Family Law and get the guidance you need to ease financial uncertainty and focus on helping your child succeed.

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.