My child is moving on to college: what is the impact on child support payments between ex-partners?
It is a common misconception that a child support contribution between ex-partners would no longer be due once the child reaches the age of majority. In fact, this is not always the case. In fact, whether or not child support is due between ex-partners depends on several factors. For example, if your child goes on to study, there will be significant additional costs. To what extent does the obligation to contribute then remain? Are the additional costs included in the maintenance contribution and can it be increased in that case or is there a separate regulation that regulates these costs? In this article we give you a brief overview of the practice.
Maintenance contribution for children after the age of majority
Belgian law states in Article 203 of the Civil Code that the obligation to contribute for the child continues if the child's education is not completed. Concretely, this means that you as a parent must continue to contribute if your child begins further study. Thus, the obligation to contribute as a parent will continue until the child can support himself through his own income.
Does this mean, then, that a child can continue studying ad infinitum or fail repeatedly without touching the obligation to contribute? No. In the first instance, the child's studies are a normal progress must know, with sufficient diligence on the part of the student. Regarding further study after obtaining an initial terminal degree, there is a bit more nuance. The principle here is that the duty to contribute expires, if the child has obtained a final diploma, with which the child has sufficient opportunities to access the labor market. However, the duty can remain, if the different diplomas have an interrelationship and the new study is a normal consequence of obtaining the first diploma.
What about the additional costs that further study entails?
Suppose that you, as a parent, have always paid a maintenance contribution for your child to your ex-partner during (part of) your child's minority, and there was an arrangement for the child's extraordinary expenses, but the child goes on to study when he or she reaches the age of majority. How will the extra costs then be divided between the parents? If the parents can mutually agree on an arrangement, there is obviously no problem. However, practice tells us that there can be some discussion about what expenses are just incurred and how they should be divided between the parents.
The costs of registration fees and courses for higher studies, as well as the costs associated with rent for a student room, are basically classified under the category of extraordinary expenses according to the law. This means that these costs are not part of the maintenance contribution a parent would pay. Normally, there must then be an agreement between the parents on these matters in order for a contribution to these costs to be obligatory.
However, if before the start of the higher studies an all-in child support contribution was in effect - this is the contribution that a parent pays for literally all the costs associated with the child - then it will be possible, however, to file a claim with the court in order to increase the support contribution. In this way, the additional costs incurred for further studies can be met.
In short, then, it is not the case that the obligation to pay a child support contribution ceases if the child reaches the age of majority. Higher studies ensure that the obligation remains, but not to the point of being unreasonable. Regarding the costs associated with these studies, a mutual agreement between the parents will be the best workable solution, but if no agreement is possible, the court can be activated to make a decision on this.
If you have any questions on this topic or would like assistance with family court proceedings, please feel free to contact us at info@bannister.be or 03/369.28.00.
