Child Support for Adult Children Pursuing Higher Education
Introduction:
Child support is a subject that often brings to mind images of young children receiving financial assistance from their parents. However, the reality is that adult children, especially those who are still in the process of completing their post-secondary education, may also be in need of financial aid. Despite living independently, these adult children frequently require assistance in covering essential expenses. These expenses encompass tuition fees, costs of textbooks and other study materials, housing costs, meal expenses, and transportation fees, which are collectively referred to as "section 7 expenses".
Determining Support: The Starting Point
The journey of understanding child support for adult children begins with determining the appropriate amount of support. This procedure is primarily guided by section 3(2) of the Federal Child Support Guidelines. According to these guidelines, the child support amount is ascertained by applying the same principles as if the child were still a minor. The court, however, reserves the right to deviate from this approach if it deems it inappropriate in light of the circumstances.
Table Amounts for Post-Secondary Students
The issue of whether the table amount should be payable during the months when the child is away at school is often a point of contention when it comes to child support for post-secondary students. The prevalent view is that the table amount should only be payable for the months when the child lives at home, typically from April to August. However, an alternative approach posits that the table amount can be ordered year-round for students who live away from a parent’s home to attend school. This perspective emphasizes the cost of maintaining a permanent residence for the child, even when the child is temporarily away. This consideration recognizes the financial burden parents carry to ensure that their child has a secure and stable home to return to.
The Child's Contribution
The child's own contribution towards their post-secondary education is a significant factor in the child support equation. It's important to understand that children are not obligated to drain their own resources before parents are required to contribute. The contributions from the child could be sourced from various avenues such as employment income, savings, educational grants, scholarships, and student loans. As the child grows older and further advances in their academic journey, the expectation for the adult child to contribute increases, particularly in situations where the parents have limited income. This expectation underscores the idea that the investment in education is a shared responsibility between the child and the parents, rather than being the sole responsibility of the parents.
The Importance of Providing Evidence of Full-Time Enrollment
When putting forth a claim for support for a post-secondary student, it becomes paramount to provide tangible and credible evidence that the child is enrolled in a full-time program of education. This evidence can take multiple forms, such as a university acceptance form, a detailed class enrollment schedule, and even copies of the university syllabus pages that clearly define what constitutes “full-time” education. For students who are part of a graduate or professional program, this evidence can be further strengthened by providing job market data that shows the child’s career prospects could be significantly limited without furthering their undergraduate degree.
The Potential Impact of Presenting Evidence of Irregular Attendance
Securing child support is not an automatic process simply because the child is enrolled in a full-time program. The parent responsible for payment may successfully argue for terminating support by providing compelling evidence that the child’s attendance is inconsistent, or that the child is not meaningfully engaged in their program of study. In such cases, academic transcripts showing failing grades or numerous instances of “incomplete” courses can serve as powerful evidence in favor of the payor parent.
Financial Considerations in Opposing Out-of-Town Enrollment
A parent who is required to provide support may be inclined to argue that a child who wishes to attend university in another city should instead opt for a local university and continue to live with the other parent. While this approach might result in a perceivable reduction of post-secondary expenses, the potential savings could be negated by the necessity to pay child support throughout the year. Therefore, it's essential for the support payor to conduct a thorough cost-benefit analysis before opposing the child’s enrollment in an out-of-town university.
Conclusion
Navigating child support claims for adult children can be a complex and demanding process, requiring a nuanced understanding of the law and a strategic approach to presenting evidence. By providing tangible proof of a child's full-time enrollment, presenting compelling evidence of lack of academic engagement, and diligently considering the financial implications of opposing out-of-town enrollment, parents can equip themselves with the necessary knowledge to better navigate these challenging claims.
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