Generally, the process that the courts should adopt in dealing with the issue of support for an adult child involves three steps. Firstly, the court should determine whether or not the adult child remains a child of the marriage as set out in s.2(1) of the Divorce Act. If so, then the court should next consider whether the table amount is inappropriate. The third step is that if the court should consider the table amount inappropriate, the court must inquire into the condition, means, needs and circumstances of the child and the financial ability of each spouse to contribute. The closer the circumstances of the child are to those upon which the usual guideline approach is based, the more likely that the table amount will be appropriate and vice versa. Generally, s.3(1) will be inappropriate when the child is attending school away from her home (Merritt v. Merritt, [1999] O.J. 1732; and W.P.N. v. B.J.N., 2005 BCCA 7). Courts should avoid duplicating expenses for food, clothing, phone and residence costs which are assumed under the application of the table amount child support.
"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.