The Federal Child Support Guidelines is based on the presumption that the child resides with one or both parents. What happens to the child support if the child lives away from home whiling attending university? The answer to the question is anything but a simple one.
The court in an Ontario case has stated that where a child is in residence for most of the year, it is inappropriate to apply tables that were not designed with this arrangement in mind. The table amount of support is inappropriate for the period during which the children are away at university. The court considers the condition, means, needs and other circumstances of the child and the financial ability of each of the parents. However, the court does recognize the expense the recipient parent has to incur on behalf of the children while they were away at school as well as costs to maintain the home. The contribution of the children is also considered by the court to determine the appropriate child support amount. The court will generally give credit to the payor parent if the payor parent’s contribution to the education expenses exceed his or her proportion of income.
In most cases, the parties work out the appropriate child support amount without involving the court. It is always helpful to discuss the needs and situation of both parties before embarking on a lengthy and emotionally draining legal battle. MEHDI AU LLP has Family Lawyers who help clients throughout GTA, get in touch with our office today to discuss your case confidentially.
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