The Separation Agreement Only Provided for Child Support Until 18 — Can I Still Claim University Expenses From My Ex? Chinese-Speaking Markham Divorce Lawyer Miao He

You can still go after university expenses even when the agreement only covered child support to 18 — but there are no guarantees. Post-secondary costs don’t come from the child support tables; the court looks at what both parents can actually afford. If university was never mentioned in the agreement, you’re bringing a new claim, not continuing an old one — and an ex who objected before enrollment may end up owing only what he originally promised.

She divorced more than ten years ago. The arrangement was straightforward: her ex-husband gave up his share of the house, and in return his child support obligation ended when the child turned 18. That was the entire deal — university was never discussed.

Now the child is 18 and studying abroad, at a cost of tens of thousands per year. The ex has decided he is done contributing — in his words, the tuition was a voluntary gift, not an obligation, and the gifts stop here. She came to ask me: is there any way to make him pay?

The short answer: yes — but it’s not unconditional.

The agreement only covered child support to 18. Does that automatically extend to university?

No. The child support clause in the separation agreement ran to 18, and university simply wasn’t addressed. That means the agreement neither helps nor hinders you here. You’re not extending an old arrangement; you’re bringing a new claim.

Do under-18 and post-18 follow different rules?

Yes. Before 18, child support is mandatory — the tables set the amount, and neither parent can contract out of it. After 18, university expenses work differently. There is no table and no automatic obligation. The court’s question is practical: can these two parents realistically afford this? If one of them is under genuine financial strain — real debt, real hardship — the court will not impose an obligation they cannot meet.

If tuition exceeds the ability to pay, will the court impose it?

No. When tuition exceeds the ability to pay, the court will not impose it.

The standard approach is to divide university costs in proportion to income. An expensive school is not disqualifying in itself — if both parents can manage it, the court will approve the expense and apportion it.

The difficulty arises when the cost goes beyond what the father can pay. The court will not order it. And this is where his earlier objection carries weight: having declined before enrollment, he can argue he only ever committed to the ordinary figure he had put in writing. Unless you can demonstrate that his actual income is substantially higher than reported, that promised amount may be all you recover.

And keep in mind: the cost is shared, not transferred. Both parents contribute in proportion to income — he does not cover the entire bill.

Will a lawyer’s demand letter make him pay?

No. A demand letter carries no enforcement power — a lawyer is not the court. It asks for payment, and if he declines, there is nothing behind it. It may help gauge his attitude, but the only instrument that compels payment is a court order.

Before suing, weigh the costs carefully. Ontario lawyers bill by the hour, and a file of this kind can easily reach CAD 60,000–80,000 per year, with the other side drawing the process out through case conference, settlement conference, and pre-trial. By the time a final order issues, the child may already have graduated.

This is also why agreements should be drafted by a lawyer rather than signed without advice. No one signing a separation agreement is thinking about a tuition dispute ten years down the road — that is precisely the blind spot. Lawyers encounter cases like this every day. We know where agreements fall short and what should have been included, so an experienced lawyer drafts with those risks already addressed.

Questions about university expenses after an agreement that only ran to 18? Book an initial consultation (30 minutes, $220+HST). Call 647-930-6688.

This article is general legal information, not legal advice, and does not create a lawyer-client relationship.