What is the current state of the law respecting child support for an adult child who is enrolled in a full-time program of education?
Ontario, Canada
The following excerpt is from M.P.A.N. v. J.N., 2018 ONCJ 769 (CanLII):
Beginning with the question of J.K.N.’s school enrollment, in a very comprehensive fashion, at ¶ 29-33 of Meyer v. Content, Chappel J. sets out the law respecting what is required for child support to be ordered based on an adult child’s enrollment in a “full time program of education”. While the new section 31 broadens the bases of entitlement to child support, I note that the amendment did not abandon the old statutory language about enrollment in a full time program of education in the predecessor to section 31. Therefore, the case law decided under the previous section remains applicable in cases where dependency flows from an adult child’s continued educational path.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the cut-off age for adult child support if the child is enrolled in a full-time program of education? (Ontario, Canada)
Does s. 3(2)(b) of the Child Support Guidelines apply to support for an adult child who has ended her relationship with the parent? (Ontario, Canada)
What is the current income of the payor spouse for child support under the Child Support Guidelines? (Ontario, Canada)
When a child lives away from home, does the court have to consider s. 3(2) of the Child Support Guidelines to reduce child support? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
What is the test for calculating child support for adult children who are attending post-secondary education away from home? (Ontario, Canada)
If a child takes a gap year before starting secondary education, can that child remain a child of the marriage? (Ontario, Canada)
Can a husband unilaterally terminate his obligation to pay child support by unilaterally terminating the child's support? (Ontario, Canada)
What is the purpose of child support for an adult child? (Ontario, Canada)
Can a percentage of the "hard costs" associated with child support be deducted from rental income for the purpose of calculating child support? (Ontario, Canada)
