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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-30-2010, 05:06 PM
florio florio is offline
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Default Child support for student

Is there any judge in BC/Canada who would require a parent to pay child support for a student beyond the undergraduate degree?

My daughter just started a four-years Bacc and she later wants to get into the med school. My only problem is she takes things for granted, it's like anything I'd do for her it's because the law forces me to do. I want to change her attitude.
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Old 12-30-2010, 05:21 PM
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Quote:
Originally Posted by florio View Post
Is there any judge in BC/Canada who would require a parent to pay child support for a student beyond the undergraduate degree?
Any judge in BC/Canada? Of course that's possible.
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Old 12-30-2010, 05:29 PM
florio florio is offline
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@dadtotheend, thanks, but you're not helping

I know of course about some exceptional cases, like parent a doctor, making over 200K a year, but I'm not in that situation.

I just wanted to know what the law says, if an over 19 years old child goes to studies and gets an undergraduate degree in 3-4 years. If she wants to later continue, even if she can get a job (she's already making over $5,000 a year as a life saver), is a parent required by law to continue paying for this? Or the child became independent, she can get a job and do it on her own?
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Old 12-30-2010, 05:44 PM
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I have read of at least one case where the courts ordered a NCP to continue to pay child support for an adult child who was taking a graduate degree course (I believe a PhD).

Here is a case that is similar that provides some guidelines and I noticed widely referenced:

CanLII - 2005 NSSC 5 (CanLII)
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Old 12-30-2010, 10:51 PM
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@HammerDad, thanks for the link. That case is interesting, but the child was there a student in the third year of post-secondary education, so still looking for an undergraduate degree.

I also heard about exceptions, but they were all exceptions. For instance, if parents can afford the costs, or they separate in second year of their child looking for a PhD, I agree it would be illogical to change the CS.

I'm talking here about my daughter after only one semester of post-secondary education, with plans to study + internship for other 8-9 years, following with the med school.
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Old 12-30-2010, 10:58 PM
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The norm is one undergraduate degree.
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Old 12-31-2010, 11:02 AM
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or post secondary diploma. Also, it's not unreasonable for the adult child to make sort of contribution to their own future and education costs by the way of part time wages during summer months etc.
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Old 12-31-2010, 11:28 AM
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The main question for the parents is their ability to contribute. If you are making enough money to help pay, then the courts will generally cause you pay a portion. If you are making $35k a year and she expects you to pay $10k+ a year of tuition you could argue that you simply don't have the means to contribute.

The rule of thumb is that each party would be obligated to pay 1/3. You pay a 1/3, mom pays a 1/3 and your daughter gets a job or seeks OSAP and pays 1/3. The courts don't like forcing a student into debt though, so the OSAP or student loan isn't always an option you can require your daughter to take.
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