Child reaching age of majority, does child support automatically continue for higher education?

Divorced and paying child support for the past 12 yrs. Mother and child moved to&nbsp;England where we were originally from and hold dual citizenship (including child) <p>&nbsp;I&nbsp;<a></a> no longer live in Canada either.&nbsp;I pay child support but child is finishing her general education in England and turning 18. She will remain in the UK for her higher education.</p> <p>Will the original child support order automatically continue if she goes to Uni?&nbsp;If a new child support order is required will it have to come from BC where we were divorced or would the new order have to be from England where she has and will continue to reside since none of the parties still live in Canada.</p> <p>&nbsp;</p>

Asked over 9 years ago in British Columbia
Categories: Family Law

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Robert J. Klassen

Answer by Robert J. Klassen

VerifiedBritish Columbia lawyer

The original Divorce Order normally anticipates that the child support continues for as long as the child is a child of the marriage as defined by the Federal Divorce Act, which in British Columbia, means until age 19, or if over the age of 19 and unable to withdraw herself from the care of the parents due to an illness, disability or other cause, which latter reason usually includes post secondary education and you look at what that child can contribute as well, whether by part time work, scholarships or bursaries.  The duration of the child support usually ceases after the first undergradulate degree has been obtained.
As the Divorce Order was granted in British Columbia, an application would usually be commenced in the Registry where the case was heard.  If both parents are out of Canada, it may be possible to agree to a Consent Order dealing with the child support and have it filed here, so that neither spouse would have to attend in BC.  Otherwise, both parties may agree to have the Court file transferred to another jurisdiction to deal with the matter.
Robert Klassen

Posted over 9 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Robert J. Klassen, or search the Lawyer Directory.


<br />Thank you, does this still apply if she moves out of the house to live away??

Posted over 9 years ago

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