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My child did not attend post secondary education immediately after completing highschool. He was 18 when graduated. Now he’s 20. Do I still have to pay child support if he returns to school now, full time or part time? I was told there couldn’t be a break in school attendance. He should have started post schooling right after high school. Is this right? I haven’t spoken to my son since he was 13. The mother prevents all contacts. Asking for help. Thank you.

April 5, 2021

3.74K viewsChild Support
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In these circumstances, it’s unlikely that a court would order you to pay child support after a 2-year break in your now-adult child’s education.   There are several legal principles here.  First of all, it’s not a firm rule that your adult child must complete his or her academic program in the shortest time possible, in order to be eligible for support.  A brief pause in what is otherwise a linear education path will not disqualify him or her.  However, for situations where there has been a longer pause, the Ontario courts have developed a set of questions to determine whether an adult child’s entitlement to support can be revived after a break.  See the decision in Aubert v. Cipriani, 2015 ONSC 6103 (CanLII) at para. 28  where some of the guiding factors are set out.

 

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