For many paying parents in Brampton, the date has been circled for years: the day their child turns 18. It seems logical that support ends that day. Then the acceptance letter from Sheridan arrives, or the commute to York begins, and it becomes clear that the obligation may continue for several more years. On the other side, a parent carrying the household might assume that the other parent has to pay until graduation regardless of what the student earns or does. Neither assumption is safe.
Ontario law does extend support to many adult students, but it is not automatic, and it is not unlimited. It also has its own calculation, which can differ from the one used when the child was younger. Understanding the framework helps families plan and avoids surprise enforcement steps.
This article gives general information only and is not legal advice. The result in a real case depends on the wording of the order and the student’s circumstances.
Two statutes with slightly different wording
Which law applies depends on whether the parents were married and are dealing with a divorce.
Under the Divorce Act, a “child of the marriage” includes a child who is the age of majority or older and under the parents’ charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life. Courts have long treated post-secondary education as a possible “other cause.”
Under Ontario’s Family Law Act, section 31 says that every parent has an obligation to support, to the extent capable, an unmarried child who is a minor, is enrolled in a full-time program of education, or is unable by reason of illness, disability or other cause to withdraw from the charge of the parents. The obligation does not extend to a child aged 16 or older who has withdrawn from parental control.
The age of majority in Ontario is 18. Note that the Family Law Act refers to a full-time program, which can matter for a part-time student whose parents were never married. The Divorce Act wording has more room, though part-time study is still a harder claim to make under either statute unless there is a good reason for the reduced course load, such as a disability.
Is this student still eligible?
There is no single test. Judges commonly consider a set of practical questions, and no one factor is decisive:
- Is the student actually enrolled, and is the program full-time?
- Does the program make sense, given the student’s abilities and career plans?
- Is the student making reasonable progress, or repeatedly failing and dropping courses?
- Could the student fund some of this through work, savings, scholarships, RESPs or student aid?
- What did the family expect before the separation? Were the parents themselves educated, and was post-secondary schooling assumed?
- What can each parent afford?
A gap year does not automatically end entitlement, and a student who works for a year and then enrolls may regain it. A second degree or a graduate program is a tougher question. Support for a further credential is not automatic, and courts will often scrutinize whether the student can already be self-supporting with the first credential. A student who holds a three-year diploma and is working full time may no longer be “under the charge” of a parent, whatever they enroll in later.
How the amount is calculated
This is where people often go wrong. Section 3(2) of the guidelines says that for a child at or over the age of majority, the amount is the one determined by applying the guidelines as if the child were under the age of majority, unless the court considers that approach inappropriate. In that case, it sets the amount it considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent to contribute.
In practice, two main models come up.
Student living at home. If your daughter commutes from Brampton to a nearby campus and lives with one parent year-round, the household still carries most of the costs of a minor child, and the table amount often continues, together with a sharing of tuition and books.
Student living away. If your son attends school out of town and only comes home in summer, the table amount may be inappropriate since the household’s costs fall during the school year. Courts may instead budget the student’s real costs, deduct the student’s own contribution, and divide what is left between the parents in proportion to their incomes. A hybrid is also common: table support for the summer months, and a budget-based division during the school year. Some families work it out by paying the student directly.
Tuition, books and residence as section 7 expenses
Post-secondary education expenses are one of the listed categories in section 7(1)(e) of the guidelines. They can include tuition, books, fees, and sometimes residence and travel. The guiding principle in section 7(2) is that the expense is shared in proportion to the parents’ incomes after deducting any contribution from the child.
So the child’s contribution is part of the calculation. What a student is reasonably expected to contribute varies, but it may come from summer work, part-time jobs, scholarships, bursaries, loans or investments held for the student. Courts will not necessarily require a student to take on debt, and where a parent can afford to contribute, the fact that a student could borrow is not a complete answer. An RESP raises its own arguments. Depending on who saved and how, some of it may be treated as a resource for the student’s costs before dividing the remainder.
A simple hypothetical shows how this works. Assume annual tuition, books and fees come to $9,000, and the student contributes $3,000 from summer earnings and a bursary. That leaves $6,000. If one parent earns twice what the other earns, that parent would normally carry about $4,000 and the other about $2,000, subject to tax credit considerations. This is an illustration, not a formula that applies to every family.
The student has responsibilities too
An adult student is not a bystander. A parent being asked to pay has a reasonable interest in knowing the following, and it is a good idea for the student and the parent with whom they live to be ready to provide it:
- proof of enrolment for each term
- course load and tuition statements
- transcripts, or at least enough to show progress
- income information, including summer job earnings and student aid
- a realistic budget, if the student is living away
Courts can be unsympathetic to a student who refuses to share this information while asking for money. Well-drafted orders and separation agreements often spell out these duties, along with deadlines for providing them.
If the student will not speak to the parent
Parents paying support often ask whether they must pay a child who has cut off contact. Generally, a poor relationship by itself does not end the support obligation, particularly where a child’s distance flows from a difficult separation. There are cases in which courts have reduced or ended support for an adult who has unilaterally and unjustifiably rejected a parent, but those are unusual and turn on their facts. Do not stop paying on the assumption that estrangement resolves the issue.
When support ends, and how to stop properly
Support may end when the student graduates, leaves school, starts full-time work, marries, or is otherwise able to support themselves. Some orders include a specific end date or event, and others just say support continues while the child is a “child of the marriage.” Even where support has plainly ended in practical terms, the order continues to bind you until it is dealt with.
If the Family Responsibility Office is enforcing your order, it will generally continue collecting according to the order until it receives proper authority to stop. In most cases, that means a court order or a written agreement in the form the office accepts. A payor who just cancels payments can face arrears, licence suspensions and other enforcement steps, and any arrears do not go away because the child has become self-supporting. If the other parent agrees that support has ended, get that agreement into writing and file the needed paperwork. If they do not agree, you may need a motion to change at the Brampton courthouse, 7755 Hurontario St., or in whichever court made your order. Delay may also make it harder to recover overpayments.
The reverse situation also occurs. A parent who has received support might stop asking for it when a child goes away to school, only to return later seeking money for years of tuition. Delay does not always defeat that claim, but it does complicate it, as the courts will look at why the request was not made sooner. It is better to give notice in writing as soon as the student’s plans become clear.
Planning ahead makes this easier
Most post-secondary support disputes can be narrowed well before September. The year before graduation is a good time for the parents to exchange income information and talk through the cost of the likely options: a local college, a university requiring a commute, or a program out of town. If there is an RESP, check its balance and who has authority over withdrawals. Where student aid is planned, confirm how parental income affects the assessment on the official OSAP site, as the rules can change and may not line up neatly with your support order.
Separation agreements signed when a child is young sometimes say little about post-secondary costs, or use vague language such as “the parents will contribute according to their means.” When that language can no longer guide you, a short amendment or a consent order can provide certainty. Our child and spousal support page explains the support matters we can assist with. For anything related to your separation as a whole, see our family law practice page. If you are not sure where you stand, you can book a consultation and bring the order, the most recent tax information for both parents, and the tuition statement or acceptance letter.
These conversations are hard, in part because the student is now an adult who may be caught between two parents. If possible, keep the student out of the financial dispute, and work through lawyers or a mediator. A student starting at Algoma’s downtown Brampton campus or heading to a residence hours away needs to focus on their classes, and knowing that the money has been sorted out is one of the most useful things either parent can provide.