Navigating child support obligations for adult children pursuing post-secondary education requires understanding specific legal requirements in Alberta, Canada.
The Family Law Act and relevant court decisions have established guidelines for determining when parents must continue providing financial support for adult children attending college or university.
This guide explains the key factors courts consider, eligibility criteria, and practical steps for managing post-secondary support arrangements in Alberta.
Legal Framework for Adult Child Support in Alberta
Section 46(b) of the Alberta Family Law Act allows courts to order child support for children over 18 who are unable to withdraw from parental care due to full-time attendance at school.
- Child must be enrolled full-time in an accredited post-secondary institution
- Program should lead to a degree, diploma, or certification
- Student must maintain reasonable academic progress
- Financial need must be demonstrated
Determining Eligibility for Support
Courts examine several factors when deciding if adult children qualify for continued support:
- Academic performance and course load
- Career and educational goals
- Available student loans and scholarships
- Child’s ability to contribute through part-time work
- Parents’ financial capacity
- Relationship between parent and child
Financial Contributions and Calculations
Support amounts typically follow these general guidelines:
| Expense Category | Typical Parent Contribution |
|---|---|
| Tuition and Books | 40-60% |
| Housing | 50-70% |
| Living Expenses | 30-50% |
Documentation Requirements
- Proof of enrollment and academic standing
- Detailed budget of educational expenses
- Student loan applications and results
- Income and expense statements
- Scholarship and bursary information
Duration and Modification of Support
Support orders typically continue until:
- Completion of first degree or diploma
- Withdrawal from full-time studies
- Academic failure or insufficient progress
- Achievement of financial independence
Getting Legal Assistance
Contact information for legal resources in Edmonton:
- Edmonton Family Court: 780-422-2200
- Legal Aid Alberta: 1-866-845-3425
- Law Society of Alberta Referral Service: 1-800-661-1095
Moving Forward with Post-Secondary Support
Parents and students should maintain open communication and document all agreements regarding educational support arrangements.
Regular reviews of academic progress and financial circumstances help ensure support arrangements remain appropriate and fair.
Consider consulting an Edmonton family lawyer to draft or modify support agreements that protect both parent and child interests while supporting educational goals.
Managing Support Payments
Effective management of support payments requires clear organization and documentation:
- Set up dedicated bank accounts for educational expenses
- Keep detailed records of all transactions
- Establish regular payment schedules
- Document extraordinary expenses
- Maintain receipts for all educational costs
Dispute Resolution Options
When disagreements arise over support arrangements, several resolution paths are available:
- Mediation services
- Family court applications
- Alternative dispute resolution
- Collaborative law processes
Tax Implications
Understanding tax considerations helps optimize support arrangements:
- Support payments may be tax deductible for the payor
- Students may qualify for education tax credits
- Proper documentation required for tax purposes
- Consider consulting tax professionals for optimal arrangements
Creating Successful Educational Support Plans
A well-structured approach to post-secondary support benefits all parties:
- Develop clear written agreements
- Set realistic expectations for academic performance
- Establish regular review periods
- Maintain flexibility for changing circumstances
- Focus on supporting educational success while ensuring fairness
Building Sustainable Educational Support
Success in managing post-secondary support requires commitment from both parents and students. Regular communication, clear documentation, and professional guidance when needed help ensure educational goals are met while maintaining fair and manageable support arrangements.
By following established guidelines and maintaining proper documentation, families can create effective support systems that promote educational achievement while protecting everyone’s interests under Alberta law.
FAQs
- Does child support automatically end when a child turns 18 in Alberta?
No, child support can continue if the child is enrolled in post-secondary education or unable to become self-sufficient due to illness, disability, or other valid cause. - What qualifies as post-secondary education for child support purposes in Alberta?
Recognized universities, colleges, trade schools, and vocational programs that lead to a degree, diploma, or certificate qualify as post-secondary education. - How long can child support continue for post-secondary education?
Child support typically continues until the completion of one post-secondary degree or program, but may extend longer depending on circumstances and court decisions. - What expenses are covered under child support for post-secondary students?
Covered expenses include tuition, books, supplies, living expenses, transportation, and other reasonable education-related costs. - Does the adult child need to maintain certain academic standards to receive support?
Yes, the child must maintain reasonable academic progress and be enrolled in full-time studies, though part-time studies may qualify in certain circumstances. - Can the paying parent request proof of enrollment and grades?
Yes, the paying parent has the right to request documentation of enrollment, academic progress, and education-related expenses. - How is the amount of child support calculated for post-secondary students?
The court considers Federal Child Support Guidelines, the child’s ability to contribute through work or scholarships, both parents’ incomes, and the actual costs of education. - Can child support be reduced if the adult child lives away at school?
Yes, support may be adjusted if the child lives away from home during school terms, but may return to regular amounts during extended breaks. - What happens if the adult child takes a break from studies?
Support may be suspended or terminated if the child takes an unreasonable break from studies, unless there are valid medical or other legitimate reasons. - Does the adult child have any obligations to qualify for continued support?
Yes, they must maintain reasonable communication with the paying parent, provide academic progress updates, and make reasonable efforts toward completing their education.
