Does Child Support Cover College in New Brunswick? 2026 Complete Guide

By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering New Brunswick divorce law

Child support in New Brunswick can cover college and university expenses when an adult child remains unable to withdraw from parental charge due to pursuing reasonable post-secondary education. Under the Divorce Act, R.S.C. 1985, c. 3, s. 2(1), a "child of the marriage" includes children aged 19 or older who cannot become financially independent because of illness, disability, or "other cause" — which Canadian courts have consistently interpreted to include post-secondary education. The average undergraduate tuition at the University of New Brunswick ranges from $7,270 to $8,580 per year, while Mount Allison University charges approximately $20,000 to $21,000 annually. Parents typically share these post-secondary expenses proportionally based on their respective incomes under Section 7 of the Federal Child Support Guidelines.

Key Facts: Child Support College Expenses in New Brunswick

How New Brunswick Law Defines Child Support for College Students

New Brunswick child support for college students operates through a two-part framework: the ongoing table amount for dependent children and Section 7 expenses covering post-secondary costs. Under NB Family Law Act, s. 9(b), child support continues when a child over 19 remains a dependent because of illness, disability, or post-secondary schooling. There is no automatic cutoff at age 19 for children enrolled in post-secondary programs, and courts regularly extend support through undergraduate and, in some cases, graduate programs.

The Federal Child Support Guidelines, which apply in New Brunswick for both Divorce Act and Family Services Act matters, provide the legal mechanism for calculating and sharing educational expenses. Section 3(2) of the Guidelines specifically addresses children at or over the age of majority, stating that support may be calculated using either the standard table amount or an amount the court considers appropriate based on the child's condition, means, needs, and other circumstances.

Canadian courts have consistently held that pursuit of reasonable post-secondary education qualifies as an "other cause" preventing a child from withdrawing from parental charge. The Saskatchewan Court of Appeal in Chicken v. Chicken (2011) articulated that "unable to withdraw" in the educational context means "unable without the direct or indirect financial assistance of the parents to pursue a reasonable course of post-secondary education to the end of bettering the future prospects of the child."

What Qualifies as a Covered Post-Secondary Expense

Section 7 of the Federal Child Support Guidelines establishes specific categories of special or extraordinary expenses that parents must share. Post-secondary education expenses represent a significant category within this framework. Courts in New Brunswick regularly order parents to contribute to tuition fees at universities and colleges, mandatory student fees and registration costs, textbooks, supplies, and computer equipment, residence or off-campus housing costs, meal plans and reasonable food expenses, and transportation costs for travel between school and home.

When a child continues residing at home while attending school, regular monthly child support typically continues at the full table amount. The Section 7 expenses shared by parents in this scenario are more limited, generally covering tuition and student fees, books, and computer costs. When the child resides away from home at school, payment of the table amount is often suspended or reduced, while the categories of expenses included as Section 7 expenses expand to include living expenses, food, mobile telephone, and other incidentals.

The determination of whether an expense is "necessary" and "reasonable" under Section 7(1) requires consideration of the child's best interests and the parents' financial means. Courts expect that post-secondary education will enhance the child's future employment prospects and earning capacity. A child enrolled in a 4-year undergraduate degree program from ages 19 to 23 is generally considered to be pursuing reasonable education worthy of parental support.

How Parents Share College Costs Proportionally

New Brunswick follows the Federal Child Support Guidelines requirement that parents share Section 7 expenses in proportion to their respective incomes. This calculation uses each parent's gross annual income to determine their percentage share of the combined household income. If the payor parent earns 80% of the combined income, they pay 80% of the special expenses in addition to any ongoing child support amount.

The proportional sharing formula works as follows: Parent A earns $80,000 annually and Parent B earns $20,000 annually, making the combined income $100,000. Parent A's share is 80% ($80,000 divided by $100,000) and Parent B's share is 20%. If annual university costs total $15,000, Parent A pays $12,000 (80%) and Parent B pays $3,000 (20%).

For parents with similar incomes, courts often approve 50/50 cost-sharing arrangements for simplicity. The Guidelines also permit negotiated arrangements that differ from strict proportional sharing if both parties agree and the arrangement is fair to the child. All special expense calculations should use the net cost after considering related tax credits and benefits that each parent receives.

The Child's Obligation to Contribute

Canadian courts expect adult children to make reasonable financial contributions to their own post-secondary education costs. This contribution requirement recognizes that children benefit directly from their education and should bear appropriate responsibility for achieving it. Courts examine the child's employment income from summer and part-time jobs, student loan eligibility and applications, scholarship and bursary opportunities, savings from prior employment, and registered education savings plans (RESPs) contributed by family members.

Case law from across Canada establishes a general expectation that adult children contribute between one-third and one-half of their total educational costs. The Saskatchewan Court of Appeal in Chicken v. Chicken found broad discretion in determining the child's contribution obligation but noted the trend toward imposing 33% to 50% of the financial burden on the adult child. This contribution can come through direct payment, student loans, or employment income.

A child who refuses reasonable summer employment, declines to apply for available student loans, or shows no effort toward self-sufficiency may see their support reduced or terminated. Courts examine whether the child has taken reasonable steps to minimize the financial burden on their parents while still pursuing legitimate educational goals.

When Support Continues Through Graduate School

Historically, Canadian courts ordered child support until completion of a child's first undergraduate degree. However, judicial approaches have evolved as economic realities changed. Courts now recognize that "a judge cannot be blind to prevailing social and economic conditions; a bachelor's degree no longer assures self-sufficiency." This shift has resulted in support orders extending beyond the first post-secondary diploma or degree in appropriate circumstances.

The determination of whether support continues for a second degree, master's program, or professional school depends entirely on the circumstances of each case. Courts consider whether the additional education is reasonably connected to the child's career path, whether the child has shown academic commitment and achievement, whether the child has contributed appropriately to prior education costs, whether the additional education will meaningfully improve employment prospects, and whether the parents have the financial ability to continue contributing.

There is no defined cut-off date or age for child support in Canada. Support may continue into a child's mid-twenties or beyond if they are pursuing a reasonable educational path that will lead to financial independence. However, courts will not fund indefinite academic pursuits without clear goals or realistic employment prospects.

Table Amount vs. Section 7 Expenses for Adult Students

When an adult child attends university, courts must decide whether to continue the standard table amount of child support or shift to a different calculation method. Federal Child Support Guidelines, s. 3(2) provides two options: apply the Guidelines as if the child were under the age of majority (table amount), or order an amount the court considers appropriate based on the child's condition, means, needs, and other circumstances.

When an adult child is attending university away from home, courts do not normally order the full table amount of support. Instead, they typically use the "means and needs" approach under Section 3(2)(b). This approach allows the court to consider what the child actually needs to attend school rather than applying a formula designed for younger children living at home.

The parent seeking to exclude application of the standard table amount under Section 3(2)(a) bears the burden of proving that such application would be inappropriate. Courts examine factors including whether the child lives at home or independently, whether the child has income from employment or other sources, the actual costs of the educational program, and whether either parent has limited financial resources that should affect the support amount.

Filing to Modify Support for Post-Secondary Expenses

Parents who need to establish, modify, or terminate child support for post-secondary education must file with the Court of King's Bench, Family Division. The filing fee for a variation application is $100 as of March 2026, with fee waivers available under Form 72FF for parties receiving social assistance or experiencing financial hardship.

To modify an existing child support order, the applicant must demonstrate a "material change in circumstances" under Divorce Act, s. 17(4). For post-secondary education matters, material changes may include a child beginning post-secondary education (triggering Section 7 expenses), a child completing their program (grounds for termination), a significant change in either parent's income, a child's failure to maintain satisfactory academic progress, or a child becoming financially self-sufficient through employment.

The New Brunswick Child Support Recalculation Service offers an alternative to court for annual adjustments based on income changes. Either the recipient or the paying party may apply for recalculation if both parents live in New Brunswick and have an existing court order or agreement. This service automatically recalculates support annually based on updated income information.

When Child Support for College Ends

Child support for post-secondary education typically ends when the child completes a reasonable educational program and becomes capable of financial independence. Courts generally expect support to conclude within 3 to 6 months after graduation, allowing time for the child to secure employment. Other termination triggers include the child voluntarily withdrawing from their program, failing to maintain satisfactory academic progress, becoming employed full-time and financially self-sufficient, getting married, or reaching an age where continued dependency is no longer reasonable.

A 19-year-old who is employed and living at home may no longer qualify as a "child of the marriage" under Divorce Act, s. 2(1) if they are capable of withdrawing from parental charge. Parents cannot unilaterally stop paying child support without a court order or written agreement — doing so may result in enforcement action and arrears accumulation.

The payor seeking termination should file a variation application with evidence documenting the child's employment income, work history, educational completion, and capacity for independence. Courts require concrete evidence that the child has achieved or can achieve financial self-sufficiency before terminating support obligations.

Estrangement and Its Effect on Support Obligations

The relationship between the payor parent and the adult child can affect child support obligations, though estrangement alone rarely justifies terminating support. Courts have addressed situations where adult children refuse contact with the paying parent while still expecting financial support for education. The threshold for finding that a child has "withdrawn" from parental control through estrangement is very high and is not reached in most cases.

A child can withdraw from parental charge and later return as a child of the marriage again. For example, a child may move out after high school and begin working and supporting themselves, but then move back home to continue their education and become a child of the marriage again. Courts examine the specific circumstances of each case, including who initiated the estrangement, whether the paying parent has made reasonable efforts to maintain the relationship, whether the child's rejection of the parent is justified, and whether the estrangement affects the child's willingness to provide information needed for support calculations.

Courts are reluctant to penalize children for relationship difficulties that may have resulted from parental conflict during divorce. However, an adult child who completely refuses all contact with the paying parent while demanding financial support may face reduced support expectations in some circumstances.

Practical Considerations for New Brunswick Families

Families planning for child support during college years should consider several practical factors. New Brunswick universities offer varying costs, with UNB undergraduate tuition ranging from $7,270 to $8,580 annually depending on the program, while Mount Allison University charges approximately $20,000 to $21,000 per year. Adding residence, meal plans, books, and other expenses can bring annual costs to $18,000–$30,000 or more.

Parents should discuss educational expectations early in their parenting arrangements and consider including specific provisions for post-secondary support in separation agreements. Clear agreements addressing how costs will be shared, what programs qualify for support, how long support will continue, and what contribution the child must make can prevent costly litigation later.

New Brunswick's PLEIS-NB (Public Legal Education and Information Service) provides free workshops and webinars to help people manage their own family law matters. The Family Law NB website (familylawnb.ca) offers general information about family law in New Brunswick, including court forms and resources for self-represented litigants.