MAINTENANCE AND SUPPORT - Child support - Considerations - Adult dependent children - Attendance at educational institution - Where child has income

Law360 Canada ( September 28, 2017, 8:31 AM EDT) -- Appeal by the father from an order that he pay child support to his adult daughter pursuant to s. 37 of the Family Law Act. The order required the father to pay $1,214 per month in prospective child support, as well as retroactive child support and costs. The parents separated when the child was 12 years old. She had developed an anxiety disorder two years earlier, which worsened over time, especially in the post-separation care of the mother, who had a serious illness. The father left his work in western Ontario when the mother’s condition precluded her from continuing to care for the child. He later returned to work and his new partner provided care for the child, along with the new partner’s two sons. The relationships between all the parties deteriorated over time. The daughter was hospitalized for a time in 2010. Shortly after returning to the father’s home, she moved in with friends and ultimately obtained her own accommodation, supported by social services. The daughter applied for support in 2012 and her application was heard in 2014 and 2015. The judge accepted that the daughter’s medical problems and her pursuit of a nursing degree meant she was entitled to child support, retroactive to 2013 and prospective until she obtained her Bachelor of Nursing degree. He calculated the daughter’s monthly living expenses at $2,000, added her educational expenses and subtracted her income from grants, loans and income support to reach retroactive and prospective monthly support figures to cover the shortfall. The judge also awarded the daughter $5,000 in costs....
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