In Alberta, child support does not automatically stop when a child turns 18. If your adult child is enrolled full-time in post-secondary education, they may still qualify as a “child of the marriage.” Parents are generally required to share university costs proportionally as Section 7 extraordinary expenses.
A common misconception among separated parents is that the legal obligation to financially support a child vanishes the moment they celebrate their 18th birthday. In reality, both the federal Divorce Act and the Alberta Family Law Act recognize that young adults often cannot immediately support themselves, especially if they are pursuing higher education. If your child is heading to a university or college, they may still be legally entitled to financial support from both parents.
Under Canadian law, a dependent adult student is often classified as a “child of the marriage” or a “child of the relationship.” 📚 Because post-secondary education-such as attending the University of Alberta, University of Calgary, or a local trade school-is expensive, these costs fall under Section 7 of the Federal Child Support Guidelines. Section 7 covers special or extraordinary expenses. This guide explains how you can ensure your adult child receives the financial backing they need to complete their education.
Step-by-Step Process in Alberta
Securing child support for a university student requires a different approach than standard child support for a toddler. The courts expect adult children to contribute to their own education, meaning the financial burden is shared three ways: between the child, the mother, and the father (or co-parents). Here is how you establish a post-secondary support arrangement in Alberta.
Step 1: Confirm the Child’s Eligibility
First, you must prove that the child remains dependent. 🏢 Generally, a child qualifies if they are enrolled full-time in a recognized post-secondary institution pursuing their first degree or diploma. The courts will look at whether the program is realistic, the child’s academic performance, and whether they are genuinely dedicating their time to their studies rather than just taking one course to avoid getting a job.
Step 2: Determine the Child’s Financial Contribution
Before the parents’ share is calculated, the adult child is legally expected to contribute to their own schooling. You must gather documents showing the child’s financial capacity. This includes their income from summer jobs, part-time work during the semester, any scholarships or bursaries they have won, and their eligibility for student loans. The child’s total contribution is subtracted from the total cost of their tuition, books, and living expenses.
Step 3: Calculate the Parents’ Proportionate Share
Once the child’s contribution is deducted, the remaining educational and living costs are divided between the parents based on their respective incomes. 📈 For example, if Parent A earns $60,000 and Parent B earns $40,000, Parent A will be responsible for 60% of the remaining Section 7 expenses, while Parent B covers 40%. You must exchange your most recent CRA Notices of Assessment and tax returns to calculate this accurately.
Step 4: Formalize an Agreement or Apply to Court
If both parents agree on the numbers, your law firm can draft a Consent Order outlining the payment structure. This order is filed at the Court of King’s Bench or Alberta Court of Justice. If the other parent refuses to pay, you must file a court application. In the Court of King’s Bench, your application must first proceed through the mandatory Family Focused Protocol (FFP), which requires exchanging full financial disclosure, attempting dispute resolution, and completing a Mandatory Intake Triage (MIT) conference before a judge in family Chambers will hear your case and issue a binding order.
How Much Does it Cost in Alberta?
Negotiating post-secondary support can range from a simple administrative update to a full court battle if one parent fundamentally disagrees with the child’s education choices. Here are the typical costs you might encounter in Canadian dollars (CAD):
- Court Filing Fees: Filing an application in family matters costs exactly $100 CAD at both the Court of King’s Bench and the Alberta Court of Justice.
- Mediation: If parents struggle to agree on the proportional split, hiring a private family mediator usually costs between $200 and $400 CAD per hour.
- Law Firm Fees: Drafting a Consent Order for agreed-upon terms costs roughly $1,500 to $2,500 CAD. Taking a contested case to a judge can cost between $3,500 and $8,000+ CAD.
| Service | Estimated Cost (CAD) |
|---|---|
| Court Filing Fee | $100 |
| Mediation Session (Optional) | $200 – $400 / hour |
| Legal Representation (Contested) | $3,500 – $8,000+ |
How Long Does the Process Take?
It is best to start this process in the spring, well before the fall semester begins. 📅 If parents are cooperative and freely exchange their CRA tax documents, a Consent Order can be drafted and filed within 3 to 6 weeks. However, if you must go to court, navigating the mandatory Family Focused Protocol screening, the MIT conference, and getting a judge’s final decision in Chambers will typically take 3 to 6 months, depending on court availability in your region.
Frequently Asked Questions (FAQ)
Does child support continue if the child takes a gap year?
Generally, no. If a child takes a year off between high school and university to work or travel, they are no longer considered a dependent “child of the marriage” during that time. Support may resume once they enroll in a post-secondary institution full-time.
Is there an age limit for post-secondary child support?
There is no strict legal age cut-off in Alberta, but courts generally only order support for a child’s first undergraduate degree or diploma (typically up to age 22 or 23). Support for a master’s degree or second degree is rarely ordered unless specifically agreed upon by the parents.
Does the support cover living in residence away from home?
Yes, if the child must move to attend school (for instance, leaving Red Deer to attend the University of Alberta in Edmonton). The costs of student residence and a meal plan are generally factored into the total educational expenses, replacing the standard base monthly child support amount.
Can the adult child sue a parent directly for support?
Under the Alberta Family Law Act, an adult child can theoretically apply to the court for support from their parents. However, it is much more common and practical for the parent whom the child primarily lives with to bring the application on the child’s behalf.
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