Hampson & Bailey

In Hampson & Bailey, heard before Judge McGuire, the mother sought to set aside a binding child support agreement and obtain orders for adult child maintenance and departure from the standard child support assessment for two of the parties' children. The father sought dismissal of the mother's application for adult child maintenance for another child.

The court was required to determine whether the binding child support agreement should be set aside, the appropriate quantum of adult child maintenance for one child, and whether departure orders were warranted for the other two children, considering their educational needs and the existing child support arrangements. The court also had to consider the mother's claim for adult child maintenance for a fourth child.

Judge McGuire set aside the binding child support agreement. The father was ordered to pay adult child maintenance for one child at a rate of $375 per week until the completion of their degree or 31 December 2013, whichever was later, with provisions for arrears. Departure orders were made for the other two children, requiring the father to pay private tuition, boarding fees, uniforms, camps, excursions, tutoring up to $1000 annually, and private health insurance costs. These obligations were to continue until the children turned 18 or completed secondary education, whichever was later. Periodic child support for one child was set at $375 per week, varied by CPI, while for the other, periodic child support was nil. The mother's application for adult child maintenance for a fourth child was dismissed.