Legal Question in Family Law in Canada
Divorce child Education Settlement
My parents divorced when I was 13. Part of the divorce settlement for my mother was that my father would look after 4 years of post secondary education tuition costs for me. Therefore an estimated amount was made up and this amount was subtracted from my mother's settlement. My father did not pay anything towards my college education. I paid for everything. Does my fater owe either my mother or I any part of my tuition & education costs?? This is in New Brunswick Ontario Canada
1 Answer from Attorneys
Re: Divorce child Education Settlement
As noted on the website, this answer pertains to British Columbia only. The law varies from province to province and this answer will likely not be correct outside of B.C. In B.C. if you are over the age of 19 but unable to withdraw from the care of your parents, due to a cause such as full time attendance at an educational institution, you may ask the Supreme Court of British Columbia or the Provincial Court of British Columbia for an Order that your parents (both of them or one if you so choose) contribute to your support. In B.C. it gnerally does not matter if you have had a gap year but it does matter in some provinces. Also, in B.C. the relationship between you and your father does matter to some extent, but matters more in some other provinces. If you choose to ask the Court for an order against only one parent, that parent can ask that the other parent be compelled to also assist you. Please see a lawyer. The B.C. Branch of the Canadian Bar Association has a toll-free referral service and can be found int he yellow pages of the Telus directory.
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