In a family support proceeding concerning retroactive child support and post-secondary expenses for adult children, the court treated the matter as a corollary relief application under the Divorce Act.
Applying the appellate approach to s. 3(2) of the Federal Child Support Guidelines, the court held that full table support was inappropriate during academic terms when the children lived away from home, but remained payable during summer periods when they resided with the respondent.
The court quantified each child's educational expenses, required substantial contributions from the children through earnings, grants, bursaries, and a portion of OSAP loans, and rejected several claimed section 7 items as not extraordinary or inadequately proven.
After setting off the applicant's overpayment of table support against proven post-secondary contributions, the court ordered a lump-sum child support payment of $7,300, with pre-judgment interest and costs left for possible further determination.
