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Perpetual students: child support beyond the first degree

Thursday, May 04, 2017 @ 8:35 AM | By William Abbott

Pursuant to s. 2(1)(b) of the Divorce Act, a “child of the marriage” is one who is “the age of majority or over and under their [parents'] charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.”

Case law has established that education qualifies as an “other cause” which prevents the child from withdrawing from parental care. Alternatively, pursuant to s. 31(1) of the Family Law Act, “[e]very parent has an obligation to provide support...