Child Support under the Family Law Act

Section 31 of the Family Law Act provides that “every parent has an obligation to provide support for his/her unmarried child who is a minor or is enrolled in a full time program of education…the obligation does not extend to a child who is 16 years of age and older and has withdrawn from parental control”.

Although the Act states that a child must be enrolled in a “full time program of education” in order to obtain support, the courts have held that a child does not necessarily have to go to school on a full time basis in order to be entitled to support.  A court will review the facts of the case and see if the child is attempting to pursue his/her education with due diligence and has made efforts to go to school.  Therefore, a child does not need to have a full course load in order to be entitled to support (this is also true for support under the Divorce Act).

Divorce lawyers in Toronto are abundant, so make sure that the family lawyer you choose is up to the task.