Post-Secondary Expenses and Child Support in Saskatchewan: What Parents Need to Know
Congratulations: your child just got accepted to university! But if you’re a separated parent, you might also be thinking, “How much am I on the hook for now?” Let me help answer that question.
Who counts as a “child of the marriage”?
Even after your kid turns 18, they don’t automatically get kicked off the family support train. A child of the marriage can still be entitled to support if they haven’t “withdrawn from parental care and guidance.” This includes post-secondary education, so just because they’re living in residence, eating ramen, and sending you funny memes, doesn’t mean they’re off the hook legally. Basically, if your child is still dependent on you for guidance and support while pursuing studies, they’re still a child of the marriage in the eyes of the law.
Section 3 vs. Section 7: The basics
Child support usually comes in two flavors:
Section 3 support is the basic table amount, meant to cover food, clothing, and shelter for a child living with a parent. Here’s the catch: if your child moves out for school, Section 3 support is usually not ordered, even though the child is still considered a child of the marriage. And if it is, it may not be the standard table amount.
Section 7 support is for “special or extraordinary expenses”. In the post-secondary context, the costs that would normally be part of Section 3 (food, clothing, shelter) are rolled into the Section 7 analysis, of tuition, books, etc. In other words, what your child actually needs while living away from home gets considered, not just a bland table number.
How courts figure out who pays what
Courts generally look at a mix of factors to decide how post-secondary costs are shared:
The child’s educational plans and needs: what program are they in? How long will it take? Are the expenses reasonable for the degree or diploma?
Parental income: higher-earning parents are expected to contribute more.
Standard of living: courts try to maintain a standard of living roughly consistent with what the child experienced during the marriage.
Parental capacity and other obligations: courts balance one parent’s ability to pay against the other’s financial responsibilities.
In most cases, parents split these expenses proportionally based on their incomes, after considering a reasonable contribution from the child, though agreements between parents are always welcome and can be formalized in a court order to avoid future fights over pizza delivery and textbooks.
Other things to keep in mind
Contributions are typically required only while the child is pursuing a program that reasonably advances their career prospects.
Courts love evidence, so having things like tuition statements, course outlines, and estimates make a big difference.
Living arrangements matter: living at home versus on campus can shift how costs are calculated.
Judges have discretion to decide both eligibility and the level of contribution, so fairness to both parents and the child is always front and center. It is very fact specific and what you have to pay may not be consistent with what your buddy had to pay for his kid.
Bottom line
Post-secondary child support isn’t automatic, and there’s no “one-size-fits-all” amount. But with clear communication, proper documentation, and an understanding of how Section 3 and Section 7 interact, parents can make sure their child’s educational needs are met without anyone going broke in the process.