Jack’s brother, Sam, has twin daughters (Melany and Stephany) who will soon be 18 years old and who continue to live primarily with their mother since the separation. The adult girls have just graduated from high school. Melany has been working in retail since she is 16 years old and in light of the career opportunities offered by her company she has decided for the time being to work full time in that industry and not pursue her post-secondary studies. As for Stephany, she aspires to become a doctor and has been accepted to university. Following the completion of her bachelor degree in sciences, she hopes to enter medical school to pursue her dream. For the next three years, both girls intend to continue living with their mother Sam wonders whether he still has an obligation to pay child support after the girls turn 18.
Child support does not necessarily end when a child turns 18. Normally, child support will continue to be paid for an adult child if he/she enrolls into a post-secondary study program or if the child is unable to support himself/herself as a result of a disability or illness. When a child pursues a college or university education the child support obligation will usually end when the child receives his/her first post-secondary degree, although there are exceptions.
To the extent that the obligation to continue to pay child support exists, the monthly amount of support must be determined. This is where things get a bit more complicated. Normally, if a child lives at home with one parent while pursuing his/her studies, the basic child support amount that was payable prior to the child turning 18 will likely continue to be payable after that date (this amount is set by the Federal Child Support Guidelines, based on the payor’s income). This makes sense since the “custodial” parent will have to continue to maintain a home for the child and to assume his/her day-to-day expenses (i.e., transportation, food, clothing). However, if the child movesaway from home to attend school (normally 8 months out of 12), then the way child support is calculated would be different as we would have to take into consideration the child’s needs outside of the parent’s home, the reduced costs to the recipient parent when the child is living away from home and the child’s own ability to contribute to his or her living and school expenses.
In addition to paying the basic child support amount, the paying parent (such as Sam) would also have an obligation to contribute his/her share of the child’s extraordinary expenses. These would include a portion of the child’s tuition fees, books and other school expenses, to the extent that the child is unable to cover all of those expenses with student loans, grants or their own income.
Although it may appear that child support obligations will never end, just remember that you are a parent for life. In the end, giving your child a chance at living a successful and financially independent life (hopefully sooner rather than later…) is what you are here for in the first place, isn’t it?
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