Can a parent escape child support obligations if their child can obtain a student loan?
British Columbia, Canada
The following excerpt is from Matwichuk v. Stephenson, 2007 BCSC 1589 (CanLII):
For example, in Nelson v. Nelson (2005), 14 R.F.L. (6th) 26, 2005 NSSC 5, the court found that a parent should not be able to escape their child support obligations simply because the child can obtain a student loan. The child should only be required to contribute a reasonable amount to his or her education. The court found that one-third of the education expenses was a reasonable contribution.
In Louise v. Scheuer, (1995), 1995 CanLII 2988 (BC SC), 15 B.C.L.R. (3d) 270 (B.C. S.C.), the court stated that a student need not turn to student loans as a first priority if his or her parent can pay reasonable support, which would reduce or obviate the need to go into debt.
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