Charron v. Dumais 2016 ONSC
In this case, Justice Kershamn dealt with the issues of whether child support should be payable for when the children are leaving away from the home for university.
The parties had previously settled the issues of child support for the three children of the marriage, however, the father brought forward court proceedings to terminate child support for the three children. In particular, the father wanted to end child support for the youngest child of the marriage because the child was not living at home while in university and had finished their first undergraduate degree.
The father argued that the child support should only be payable when the children lived at home, specifically, during the summer months, and that no support should be paid while the children are living out of town for school. The mother argued that support should be paid throughout the year regardless of where the children were living.
Applying section 3.2 of the Child Support Guidelines, Justice Kershman held that it was inappropriate to apply the Table Amount of Child Support to be paid for an adult child who was not living at home while they attended post-secondary school. In this case, at one point, all three children were living away from home at the same time and therefore the Table Amount of child support was not ordered to be payable.
Justice Kershman held that while the children were away at school, their expenses were to be shared proportionately by each parent and that no child support should be paid during these months.