Child Support for kids over 18

[Dancing Dad]

When I read the child support guidelines it seems pretty straight forward where the children are under 18. However once the child turns 18 it seems more ambiguous.

Once the child is over 18 assuming they are still in school, the support guidelines make it sound like the parents need to agree that support should continue.

Am I interpreting this correctly?

Also does the amount of time the kids spend with each parent have any bearing on this? In my case a 50/50 split.

What have others done when the children turn 18?

Thanks

[ross_toronto]

Most of the time if the kids are in full time post secondary education then child support continues until they graduate with their first degree. Assuming the living arrangements stay the same the split would likely stay the same as well. If the kid goes away to school or if there are other considerations (like tuitions and books and such) that need to be shared between parents and kid sometimes the child support is adjusted to accomdate. There is a good write up here: Child Support Does Not End At Age 18 | John P. Schuman C.S., Child and Family Law | John P. Schuman

[rockscan]

What does your agreement say about post secondary?

[Dancing Dad]

Well that's just it, the agreement does not specify about post secondary. It only states child support will be paid as per the guidelines.

Ross thank you for the comments and the article, very helpful.

[rockscan]

Then child support applies as per the divorce act--as long as your kids are a "child of the marriage" which means in school.

[Desperate_Dad]

I thought I'd chime in here because this is one of the issues that is going to cause a second trial in my case.

I have two children. One is under 18 living with her and the second is away at university from September to April and living with her from May to August.

I have proposed paying child support for 1 1/3 children. In other words, if the guideline amount is 1,000 for one child and 1,300 for two children, I would pay 1,100.

The Judge looked at her and said "This sounds reasonable"

The ex disagrees and wants full child support. I know she is doing this because she knows she owes me property claims and it says in our agreement that she repays me by me not paying spousal support. So she wants to keep child support as high as possible because she can't get spousal support.

FFS

Anyway for what it's worth a Judge agreed with me and thought the 1/3rd proposal was reasonable (which it is). Good luck with what you decide to do.

[rockscan]

This one is one of the most hard to determine questions because cs while kid is away can be absolutely up to a judge. My partners lawyer said in almost all cases, cs is stopped while kid is away but there is always one or two cases that throw a wrench in it.

Not sure why you were asking Dancing Dad but cs will continue for your kids during summer months if they are away at school. If they stay in town and you still have 50/50, you would continue offset support.

If your kid decides they dont want to go to school and heads abroad to teach english or travel as an example, no cs. If kid takes a year off to work/upgrade marks, its still payable. If in scenario one kid comes back and goes to school and theyre under 21, cs restarts.

All this plus s7 costs too