University Bound: Supporting Your Child’s Education After Divorce

As the countdown to university application deadlines begins, grade 12 students across Alberta are beginning the stressful yet exciting process of securing their post-secondary futures. For many, this period marks a significant milestone filled with anticipation and uncertainty. 

One of the most pressing concerns for divorced parents is the financial burden of university education. While child support obligations typically extend beyond the age of majority, the specific terms and conditions can vary significantly depending on individual circumstances and applicable laws.

Child Support Obligations for Adult Children

In Alberta, child support obligations generally cease when a child turns 18. However, there are exceptions to this rule. If a child is still considered a “child of the marriage” under the Divorce Act or the Family Law Act, they may be eligible for continued support, even after turning 18. Courts can order continued support for adult children who cannot withdraw from their parents’ charge due to illness, disability, or other circumstances, such as full-time studies. However, the specific criteria and the duration of such support can vary widely depending on individual circumstances and judicial interpretation.

It is essential to note the eligibility for continued child support after the age of 18 is not automatic. It requires a careful assessment of the child’s circumstances and the parents’ ability to contribute to the child’s education. Parents should consult with a legal professional to understand their specific obligations and rights.

Special Expenses: Beyond the Basics

In addition to regular child support payments, divorced parents may be responsible for contributing to a variety of special expenses related to their child’s education. These expenses can include, but are not limited to:

• Tuition fees: Covering the cost of tuition at a post-secondary educational institution.
• Textbooks and course materials: Purchasing required textbooks and other materials for classes.
• Residence fees: Paying for on-campus housing, including room and board.
• Meal plans: Covering the cost of meals on campus.
• Transportation costs: Providing funds for transportation to and from campus, such as bus passes or car expenses.
• Computer and technology: Purchasing or renting a laptop or other necessary technology for academic work.
• Professional licensing fees: Contributing to the cost of professional licensing exams or certifications required for certain programs.
• Study abroad programs: Supporting the costs of studying abroad, including tuition, housing, and travel expenses.

The division of these expenses is typically determined based on the parent’s income, the child’s specific needs, and the terms of the divorce or separation agreement. These agreements often outline particular provisions for child support, special expenses, and other relevant matters. In some cases, the court may order a specific division of expenses, while in others, the parents may agree to a division on their own.

Divorced parents need to clearly understand their financial obligations regarding their child’s education. This can help to avoid misunderstandings and conflicts down the line. Parents should review their divorce or separation agreement carefully and seek legal advice if necessary to ensure that they are fulfilling their financial obligations.

The Farden Factors & Determining Eligibility for Adult Child Support

When determining whether a child is still considered a “child of the marriage” and eligible for continued support, courts in Alberta often consider the Farden factors (from the B.C. case of Farden v. Farden). These factors include:

• The child’s enrollment in a full-time course of studies;
• The child’s eligibility for student loans or other financial assistance;
• The child’s career plans and the reasonableness of their educational pursuits;
• The child’s living arrangements and dependency on their parents;
• The parents’ income and ability to contribute to the child’s education;
• The child’s age and maturity;
• The child’s health and well-being;
• The child’s relationship with each parent; and
• The child’s unique needs and circumstances.

The Farden factors are not a rigid checklist but rather a set of guidelines that courts can use to assess each case’s individual circumstances. The weight given to each factor may vary depending on the case’s specific facts.

Communication and Cooperation: The Key to Successful Co-Parenting

Effective communication and cooperation between divorced parents are essential when navigating the complexities of university planning. Open and honest dialogue can help alleviate stress, avoid misunderstandings, and prioritize the child’s best interests. By working together, divorced parents can create a supportive and nurturing environment for their child’s academic journey.

When appropriate, parents should communicate openly about all aspects of their child’s education plans, including living arrangements and division of costs. They should also endeavour to provide as much emotional support to their child as possible during this critical transitional period and seek professional help as needed. If conflicts arise or uncertainties persist, seeking legal advice from a family lawyer can help clarify rights and responsibilities and provide guidance on navigating the legal system.

Contact Mincher Koeman for Proactive Advice on Adult Child Support

Sending a child to university is a significant milestone for any parent, but it can be particularly challenging for divorced parents. The knowledgeable family lawyers at Mincher Koeman help parents understand their legal rights and obligations, communicate effectively, and confidently navigate complex child support issues. 

Mincher Koeman is a touchstone of Alberta’s family law community and is dedicated to providing compassionate, effective legal solutions, no matter how complex the case. To schedule a confidential consultation on your family or divorce matter, please contact us online or call 403-910-3000.