Call us at (416) 649-4660

Close Button

We Are Here To Help

Schedule your consultation below.

In Ontario, if an 18 year old moves away from home to go to college, is the child support paid directly to the child or still to the ex spouse?

July 13, 2021

941 viewsChild Support
0
Changed status to publish
0

First of all – and absent a court order – the parents can agree between themselves that the child support will be paid directly to the child.  But failing that, a court can certainly order a college-age child to receive support directly in the right circumstances, though they may be uncommon. It may depend on the reason for the support:  For example, if the funds are mainly intended to cover the Ex spouse’s costs to provide a home for the child when he or she is visiting from college or on summer breaks, then it should still be paid to the Ex spouse – since that is who is incurring the costs to benefit the child.  Or, a court may make this kind of order if there is contention around whether child support money paid to an Ex spouse is actually reaching and benefitting the child.

On the other hand, in a few Ontario rulings the court has ordered that a part of the child support is to be paid directly to a third party, like a college or university.  This might arise in connection with post-secondary costs that qualify as extraordinary expenses under s. 7 of the Child Support Guidelines, and that relate to a child’s education (but are unrelated to the home, food, clothing or recreation).

Changed status to publish
The materials contained in this website are intended to provide general information and comment only and should not be relied or construed as legal advice or opinion. While we endeavor to keep the information on this web site as up to date, accurate and complete as reasonably possible, we do not warrant the completeness, timeliness or accuracy of anything contained in this web site. The application and impact of laws can vary widely, based on the specific facts involved. For any particular fact situation, we urge you to consult an experienced lawyer with any specific legal questions you may have. Your use of this website doe not constitute or create a lawyer-client relationship. Should you wish to retain our firm, kindly contact our office to set up a meeting with a lawyer.
Book A Consultation