Child Support Entitlement for Post-Secondary Studies
Introduction
In the multifaceted world of child support, a recurring question arises concerning the obligation of parents to financially assist their adult children who have chosen to pursue post-secondary education. This is a complex issue, as it is largely contingent on a diverse range of factors that courts take into consideration when making an equitable determination.
Evidence of Enrollment
When claiming support for a post-secondary student, it is essential to provide tangible evidence of the child's enrollment in a full-time program. This evidence can take many forms, such as a university acceptance form, a class enrollment schedule, or a copy of the university syllabus pages describing what constitutes a "full-time" student. This evidence is crucial in establishing the legitimacy of your claim.
Enrollment Status and Financial Resources
The initial determinant that courts consider when adjudicating child support cases involving post-secondary studies is whether the child is enrolled in a course of studies and if this enrollment is on a full-time or part-time basis. This provides insight into the level of commitment the child has towards their education. Additionally, the courts also take into account the financial resources of the child. This includes whether they have applied for or are eligible to receive student loans, if they have access to other forms of financial assistance, or if they have been awarded any bursaries or scholarships. Another factor that is considered is the child's ability to contribute to their own support through part-time employment, which could potentially decrease the financial burden on the parents.
Aptitude and Commitment to Studies
The second factor that courts take into account is the child's aptitude for, and commitment to, their studies. This involves assessing several important elements including the nature and quality of the child's educational and career plans, their academic performance, and whether they are demonstrating success in their chosen course of study. The level of maturity and sense of responsibility displayed by the child, and their ability to remain reasonably accountable to their parents with respect to their post-secondary education plans and progress, are also vital aspects taken into account during these considerations.
Parents' Means and Circumstances
Finally, the means, needs, and other circumstances of both the parents and the child are evaluated. For instance, the court bears in mind the plans that the parents had for the education of their children, particularly those made during cohabitation. The reasonableness of the parents in treating each of their children comparatively equally is also examined. It is important to note that not all these factors need to be satisfied for a child to qualify for child support.
Considerations for Graduate or Professional Programs
If the student is enrolled in a graduate or professional program, it's important to note that an undergraduate degree in today's competitive job market may simply be the first step towards becoming adequately educated for the workplace. It can be beneficial to provide job market evidence demonstrating that without further education, career prospects may be limited. This can strengthen the case for continued support.
Calculation of Year-Round Support
When a claim is made for year-round support for a student living away from home during the school year, it is recommended to provide a calculation of the actual costs for maintaining the child at home (housing, clothing, food, etc.) and an adjusted calculation for when the child is away at school. This assists the court in determining the extent of these costs and whether the table amount should be maintained while the child is away at school.
Additional Considerations
The court also takes into account instances where the child may have withdrawn from school temporarily but intends to return. Factors such as the appropriateness of the education program for the child, the reasonableness of the program's costs, the realistic prospect of the program advancing the child's career prospects, the duration of the child's absence from school, and the child's attempts at implementing an educational plan during this absence are considered. If a child has left parental control voluntarily or involuntarily is not deemed a factor.
Furthermore, it's worth noting that the attainment of an undergraduate degree does not automatically result in the termination of child support if the child continues with graduate studies or a professional program. There is no specific age at which a child pursuing an education will become disentitled to support. Each case is determined based on its unique facts.
Conclusion
Determining child support entitlement for post-secondary studies is a complex and multifaceted process that takes into account a multitude of factors. It goes beyond just the child's age or enrollment in educational studies. It involves a comprehensive examination of their financial resources, their commitment to their education, as well as the financial means and personal circumstances of the parents. By gaining a thorough understanding of these determinants, both parents and children can navigate the process with greater ease and effectiveness.
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