37. Living expenses for a child are allocated to a student if the student’s child or the child of the student’s spouse is of full age, is pursuing full-time studies, meets none of the conditions in subparagraphs 1 to 4 of the first paragraph of section 4 of the Act respecting financial assistance for education expenses (chapter A-13.3) and has no child.
If the student and child are not cohabiting, the living expenses for a child are allocated to the student only if the child is deemed to receive a contribution from the parents.
Living expenses for a child are also allocated to a student who has shared custody of his or her minor child if the student is not entitled to child assistance payments under the Taxation Act (chapter I-3).
A student who is at least 20 weeks pregnant is entitled to living expenses for a child.
The living expenses for a child are $252 a month for each child.
Despite the third and fifth paragraphs, if no amount has been established as a spouse’s contribution, a student who is entitled to child assistance payments under the Taxation Act is entitled to living expenses for a child equal to the amount obtained by subtracting the amount of child assistance payments to which the student is entitled as child assistance payments, calculated on a monthly basis, from the amount set out in the fifth paragraph.
If a student and his or her spouse are both full-time students, the living expenses for a child are allocated to one spouse only.
In addition, if custody of the child is shared, the living expenses for a child may be allocated to the student only if, during the year of allocation, the student has custody of the child for at least 25% of the time. The living expenses in such a case are allocated to the student in proportion to the time during which the student has custody of the child during the year of allocation.
O.C. 344-2004, s. 37; O.C. 698-2007, s. 11; O.C. 811-2008, s. 9; O.C. 1175-2009, s. 8; O.C. 971-2010, s. 9; O.C. 1009-2011, s. 11; O.C. 984-2013, s. 10; O.C. 627-2014, s. 15; O.C. 238-2015, s. 11; O.C. 301-2016, s. 11.