Call Us Now
e-Mail Us Now
Rising tuition fees and the cost of living in Ontario have made paying for university a challenge for many families. When parents are separated or divorced, the question of who pays for a child’s post-secondary education becomes even more complicated. Canadian family law provides a framework to answer this question, specifically through Section 7 of the Federal Child Support Guidelines. The amount can vary by province, however.
Understanding how Section 7 works can help parents plan fairly and avoid unnecessary conflict while ensuring their child has the support they need to pursue higher education.
What Are Section 7 Expenses?
In Canada, child support usually covers day-to-day needs like food, housing, and clothing. Some costs may fall outside the standard child support amounts. These are called special or extraordinary expenses. For separated or divorced couples, these are listed under Section 7 of the Federal Child Support Guidelines (SOR/97-175). For parents who were never married to each other or who were common-law in Ontario, the Family Law Act’s Ontario Child Support guidelines apply.
The Federal Child Support Guidelines Section 7 expenses include:
- Post-secondary education costs (tuition, books, residence, transportation)
- Childcare expenses when a parent is working or studying
- Medical or dental costs not covered by insurance
- Extracurricular activities with significant costs (e.g., competitive sports or arts programs)
Post-secondary education is one of the most common and significant Section 7 expenses because of its financial burden.
Why Post-Secondary Costs Are Treated Differently
Canadian courts recognize that a university or college is often necessary for a child’s future success. In Ontario, judges regularly affirm that parents are obligated to support their children while they pursue higher education, provided the expenses are reasonable and the child remains dependent.
This means support doesn’t automatically end when a child turns 18. If the child is enrolled in university full-time and continues to rely on parental assistance, child support, and contributions to post-secondary costs, it can continue.
How Courts Decide Who Pays What
The law does not impose a simple formula, but courts look at a range of factors to divide Section 7 expenses fairly:
- Parental Income Proportion
Parents typically share costs in proportion to their incomes. For example, if one parent earns 70% of the combined family income, they may be responsible for 70% of the expense. - Child’s Contribution
Students are often expected to contribute through part-time work, scholarships, grants, or student loans. Courts balance fairness with the recognition that young adults should show some responsibility. - Reasonableness of the Expense
Courts assess whether the chosen program and costs are reasonable given the family’s financial circumstances. A local university may be viewed differently from an expensive out-of-province school. - Parental Expectations and Family History
Suppose both parents always valued higher education and had the means to support it before separation. In that case, courts may expect continued support for post-secondary schooling. - Child’s Age and Plans
If a child is pursuing a first degree or diploma full-time, support is more likely to be available. Multiple degrees or delayed enrollment may raise questions about ongoing parental responsibility.
Common Disputes Over University Costs
Even with Section 7 guidance, disagreements can arise. Typical points of conflict include:
- Whether residence fees/housing should be covered if the child could live at home
Courts often look at necessity and reasonableness. If living at home is a realistic option, parents may only be required to pay tuition, books, and transportation. But if the child’s program is far from home or a residence provides important academic or personal benefits, parents may be asked to share those costs. - How much the child should contribute through loans or part-time work
A common solution is to expect the student to apply for available scholarships or bursaries and to contribute a reasonable share through savings or part-time income. Courts usually balance this with the understanding that too much work may interfere with studies. - Whether a second or graduate degree qualifies for parental support
Ontario judges often approve support for one first post-secondary program, but they may allow contributions for a graduate degree if it aligns with the child’s career goals and the parents have the financial capacity. Agreements sometimes cap parental contributions to one degree to provide clarity. - Disputes about one parent paying more because they value education more
The law focuses on proportional income contributions, not personal values. Suppose one parent insists on a more costly program. In that case, they may be expected to cover any “extra” costs beyond what is considered reasonable. At the same time, the rest is split according to income.
Ontario courts resolve these disputes on a case-by-case basis, aiming to balance the child’s best interests with each parent’s financial capacity.
How Section 7 Applications Work in Ontario
If parents disagree on sharing post-secondary costs, the matter can be brought before the Ontario family court system, which operates under both the Family Law Act and the Divorce Act (for married parents).
The parent seeking contribution must usually provide:
- Evidence of the expenses (invoices, receipts, school letters)
These documents show the actual costs of tuition, textbooks, residence, or other fees. Courts rely on accurate records rather than estimates to confirm the amount in dispute. - Proof of the child’s enrollment and program details
An official acceptance letter, course registration, or transcript confirms that the child is attending a recognized program and outlines the nature of their studies. - Income information for both parents
Recent tax returns, pay stubs, or Notices of Assessment help determine how much each parent can reasonably contribute, since Section 7 expenses are usually divided based on income. - Details of the child’s own contributions
Evidence of scholarships, grants, savings, or part-time employment shows the extent to which the student is offsetting costs, which the court factors into the final division of expenses.
The court then applies the principles of Section 7 to determine each parent’s share.
Practical Steps for Parents
Parents in Ontario can reduce conflict and uncertainty about university costs by:
- Including Section 7 Clauses in Separation Agreements
A separation agreement that spells out how tuition, books, residence, and other post-secondary costs will be divided leaves less room for argument later. By agreeing in advance, often with proportions tied to each parent’s income, families avoid last-minute disputes when a child is ready to start university. - Reviewing Finances Regularly
A parent’s income may change over time due to new employment, layoffs, or remarriage. Revisiting the financial arrangement before major milestones, such as when a child graduates high school or changes programs, ensures that the division of costs remains fair and manageable. - Communicating with the Child
Parents and students should talk openly about what contribution is expected from the child. Whether it’s applying for scholarships, working part-time, or covering certain living expenses, setting these expectations early helps the student understand their role and reduces tension between parents. - Seeking Mediation
If disagreements about university costs arise, mediation offers a practical alternative to court. A neutral mediator can help both parents work through tuition, residence, or loan-sharing disputes in a cooperative setting, saving time and minimizing legal expenses.
Key Takeaways
- Section 7 of the Federal Child Support Guidelines requires parents to share post-secondary expenses.
- Costs are divided in proportion to each parent’s income, with contributions expected from the student as well, unless there is an alternate agreement or the court orders otherwise.
- Courts in Ontario assess what is reasonable based on family history, financial means, and the child’s circumstances.
- Clear agreements and open communication can prevent disputes and protect the child’s educational future.
Speak with Us About Section 7 Expenses
At Anthony Family Law, we understand how stressful it can be to balance financial responsibilities with supporting your child’s future. Our team helps separated parents in Ontario navigate Section 7 post-secondary expense issues with clarity and fairness.
If you have questions about who should pay for university or college or how Section 7 applies to your situation, call us today at 647-933-2397. We are here to guide you with knowledge, care, and practical solutions.
