Child support in Saskatchewan can cover college and university expenses well beyond age 18. Under The Family Maintenance Act, 1997, S.S. 1997, c. F-6.2, s. 2(b), a child pursuing reasonable education remains entitled to support regardless of age. Saskatchewan courts routinely order parents to contribute to post-secondary costs until the child completes their first undergraduate degree, typically between ages 22 and 24. The landmark Saskatchewan Court of Appeal decision in Boyachek v. Fleming, 2011 SKCA 11 established that adult children should contribute one-third to one-half of their own educational expenses, with parents splitting the remainder proportional to their incomes.
Key Facts: Child Support College Expenses Saskatchewan
| Factor | Saskatchewan Standard |
|---|---|
| Age Limit for Support | No fixed limit — continues through reasonable education |
| Typical End Age | 22-24 (completion of first degree) |
| Child Contribution | 30-50% of education costs |
| Parent Share | Proportional to incomes (remaining 50-70%) |
| Filing Fee (Uncontested) | $200 joint petition + $95 judgment + $10 certificate |
| Filing Fee (Contested) | $300 petition + additional fees |
| Residency Requirement | 1 year in Saskatchewan |
| Governing Federal Law | Federal Child Support Guidelines, SOR/97-175 |
| Governing Provincial Law | Family Maintenance Act, 1997, S.S. 1997, c. F-6.2 |
How Saskatchewan Defines a Child for Support Purposes
Saskatchewan law extends the definition of child beyond the age of majority (18) to include anyone unable to withdraw from parental support due to pursuing reasonable education. Under The Family Maintenance Act, 1997, s. 2(b), a child means any person who is 18 years of age or older and unable, by reason of illness, disability, pursuit of reasonable education, or other cause, to withdraw from a parent's charge or to obtain the necessaries of life. This statutory definition creates a legal obligation for parents to contribute to post-secondary education costs when the child remains financially dependent while attending school.
The federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 2(1) uses parallel language, defining a child of the marriage as someone who has not withdrawn from parental charge and is unable to do so by reason of illness, disability, or other cause. Canadian courts have consistently interpreted other cause to include post-secondary education, establishing that a 20-year-old university student remains a child of the marriage for support purposes.
Section 3(2) of the Federal Child Support Guidelines: Two Approaches to Adult Child Support
When a child reaches the age of majority but remains eligible for support, courts have two options under Federal Child Support Guidelines, s. 3(2). The first approach applies the standard child support table amount as if the child were still under 18. The second approach, found in s. 3(2)(b), allows courts to order a different amount that it considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each spouse.
Saskatchewan courts frequently apply the s. 3(2)(b) needs-based approach for university students. This calculation examines the child's actual expenses (tuition, books, rent, food, transportation) minus the child's own contributions (summer employment income, scholarships, bursaries, RESP withdrawals, student loan amounts). The remaining shortfall is then divided between parents proportional to their incomes. For example, if a child attending the University of Saskatchewan has annual expenses of $18,000 and contributes $6,000 through work and loans, the $12,000 balance would be split between parents based on their respective earnings.
Section 7 Special Expenses: Sharing Post-Secondary Costs
Beyond base child support, Federal Child Support Guidelines, s. 7 allows courts to order parents to share special or extraordinary expenses including post-secondary education costs. Under s. 7(1)(e), eligible expenses include expenses for post-secondary education. Section 7(2) requires these expenses to be shared by the spouses in proportion to their respective incomes after deducting from the expense, the contribution, if any, from the child.
Post-secondary expenses under Section 7 can include tuition fees ($6,000 to $8,000 annually at Saskatchewan universities for domestic students), residence or rental costs ($8,000 to $12,000 annually), textbooks and supplies ($1,500 to $2,500 annually), mandatory student fees ($800 to $1,200 annually), and reasonable transportation costs for students living away from home. Courts have also recognized moving expenses, furniture for temporary student housing, and basic household items as connected to post-secondary education when the student relocates for school.
The Boyachek One-Third Rule: How Much Must the Child Contribute?
The Saskatchewan Court of Appeal established the framework for adult child contributions in Boyachek v. Fleming, 2011 SKCA 11. The Court found a broad discretion in determining the obligations of the child to contribute via part-time employment, scholarship or student loans, but noted that the trend is to impose one-third to one-half of the financial burden on the adult child. This one-third rule has become the standard baseline in Saskatchewan family courts.
In the Boyachek case, the trial judge found that Khloe's university expenses totaled $6,037. She had earnings of $2,100, received a student loan of $5,727, and a scholarship of $500. The trial judge held that Khloe was not required to contribute all of her earnings for university costs, but was to be responsible for one-third of the expenses. The remaining two-thirds was then allocated between the parents proportional to their incomes, with the father paying 62.61% of that amount ($2,544.90) as extraordinary expenses.
Saskatchewan courts recognize that adult children's employment income need not be used exclusively for education. The Boyachek decision acknowledged that income earned by children need not be used exclusively to finance their education; it can also be used for personal enjoyment. Courts balance the expectation of self-sufficiency with the reality that young adults have legitimate personal expenses.
Calculating Child Support College Expenses: A Practical Example
Consider a Saskatchewan family where the mother earns $85,000 annually and the father earns $55,000 annually (combined income of $140,000). Their 19-year-old child attends the University of Regina with the following annual expenses: tuition ($7,200), residence ($9,600), meal plan ($4,800), textbooks ($2,000), and student fees ($1,000). Total annual cost: $24,600.
Applying the Boyachek framework, the child is expected to contribute one-third ($8,200) through summer employment, part-time work, scholarships, and student loans. The remaining $16,400 is divided between parents proportional to income. The mother (60.7% of combined income) would pay $9,955 annually, while the father (39.3%) would pay $6,445 annually. These amounts may be ordered as monthly Section 7 contributions of approximately $830 (mother) and $537 (father) during the school year.
When Does Child Support for College End in Saskatchewan?
Child support for a Saskatchewan university student typically ends when the student completes their first undergraduate degree, usually between ages 22 and 24 for a standard 4-year program. Courts expect students to maintain full-time enrollment (minimum 3 courses or 9 credit hours per semester) and satisfactory academic standing. Support rarely extends to graduate studies unless exceptional circumstances exist, such as professional programs that require graduate education for entry-level employment.
Saskatchewan courts have declined to extend support where adult children repeatedly changed programs without making progress toward a degree, failed to maintain passing grades, chose unreasonably expensive programs relative to family means, or had no realistic prospect of the education leading to self-sufficiency. A child who drops out of university, reduces to part-time studies without justification, or fails to diligently pursue their education may lose entitlement to continued support.
RESP Funds and Their Impact on Child Support Calculations
Registered Education Savings Plans (RESPs) directly affect child support college expenses in Saskatchewan. When calculating the child's contribution under the Boyachek framework, RESP withdrawals count toward the child's share. If parents contributed equally to an RESP worth $40,000, the child receiving $10,000 annually from the RESP would have that amount counted toward their one-third contribution obligation.
The treatment of RESP funds becomes complex when only one parent contributed. Saskatchewan courts have considered whether the contributing parent should receive credit for RESP funds that reduce the overall post-secondary expense. Generally, RESP withdrawals first reduce the total expense to be shared, then the remainder is divided according to the standard formula. Parents should disclose all RESP holdings when negotiating or litigating child support college expenses.
How to Request Child Support for Post-Secondary Education
Parents seeking child support for college expenses in Saskatchewan should file with the Court of King's Bench. The filing fee for an uncontested joint petition is $200, plus a $95 Application for Judgment fee and $10 Certificate of Divorce fee (as of January 2026 — verify with your local clerk). Contested matters require a $300 petition filing fee plus additional costs for motions and applications.
To establish entitlement to post-secondary support, the applicant should provide proof of enrollment in a recognized post-secondary institution, a detailed budget of education-related expenses (tuition invoices, residence contracts, textbook estimates), documentation of the child's income (pay stubs, scholarship letters, student loan statements), both parents' current income information (tax returns, pay stubs, Notice of Assessment), and any existing RESP statements showing available education funds.
Saskatchewan's residency requirement mandates that at least one spouse has been habitually resident in the province for at least one year immediately before filing, as required by Divorce Act, s. 3(1). This applies whether seeking a divorce with child support provisions or a standalone support variation.
Modifying Existing Child Support Orders for College Expenses
Parents with existing child support orders can seek variation when a child begins post-secondary education. Under Divorce Act, s. 17, a court may vary a support order if there has been a change in circumstances. A child commencing university clearly qualifies as a material change. The variation application should include the same documentation required for initial support applications, plus the existing order being varied.
Saskatchewan offers the Child Support Recalculation Service for adjusting support based on updated income information, but this service applies only to standard table amounts for children under 18. Post-secondary education expenses typically require a court application or negotiated agreement between the parents. Mediation through Family Justice Services can help parents reach agreements on college expense sharing without litigation.
Comparison: Child Support Before and During Post-Secondary
| Factor | Child Under 18 | Child in Post-Secondary |
|---|---|---|
| Support Calculation | Table amount based on payor income | Needs-based under s. 3(2)(b) or table amount |
| Child Contribution | None required | 30-50% expected (Boyachek) |
| Expense Sharing | Section 7 for extracurriculars | Section 7 for tuition, residence, books |
| Duration | Until age 18 | Until first degree completion (ages 22-24) |
| Automatic Termination | Yes, at age of majority | No — requires evidence child is self-sufficient |
| Income Disclosure | Both parents disclose | Both parents and child disclose |
| RESP Impact | Generally not considered | Counted toward child's contribution |
Common Mistakes Parents Make with Child Support College Expenses
The first common mistake involves assuming support ends automatically at age 18. Saskatchewan law explicitly continues support obligations for children pursuing reasonable education. Parents who stop paying on the child's 18th birthday may face arrears claims and enforcement action through the Maintenance Enforcement Office.
The second mistake involves failing to negotiate college expenses in the original divorce agreement. Parents divorcing while children are young should include provisions addressing how post-secondary costs will be shared. Specifying that Section 7 expenses will include post-secondary education, that the Boyachek contribution framework will apply, and that both parents will contribute to RESPs can prevent disputes 10-15 years later.
The third mistake involves overlooking the child's obligation to contribute. Parents sometimes pay the full cost of university without requiring the child to work, apply for scholarships, or take reasonable student loans. Saskatchewan courts expect adult children to share the financial burden, and parents who pay everything may be unable to recover the excess from the other parent.