Introduction

In Canada, child support is typically associated with supporting children under the age of majority. However, there are situations where child support extends beyond the age of 18 (or 19 in some provinces). Understanding when child support for adult children continues and when it ends can help parents navigate their legal responsibilities.

This article explores the circumstances under which child support may continue for adult children in Canada, focusing on education, disability, and other factors that may affect a child’s dependency.

General Rules for Child Support in Canada

Under the Federal Child Support Guidelines, parents are obligated to support their children until they reach the age of majority, which is 18 in most provinces and 19 in British Columbia, New Brunswick, Nova Scotia, Newfoundland and Labrador, and the Northwest Territories. However, child support may extend beyond this age if certain conditions are met, such as continuing education or disability.

When Does Child Support End?

In general, child support ends when the child reaches the age of majority and becomes financially independent. A child is considered financially independent if they are no longer in need of financial support from their parents due to employment or other means of self-sufficiency. However, there are exceptions where child support continues for adult children:

1. Child Support for Adult Children Pursuing Post-Secondary Education

One of the most common reasons for extending child support beyond the age of majority is when a child is enrolled in post-secondary education, such as college or university. In these cases, courts often rule that the child remains dependent on their parents for financial support.

Factors that may influence the court’s decision to extend child support for adult children in school include:

• Whether the child is enrolled in full-time or part-time studies
• The age of the child and the expected duration of their education
• The financial situation of both parents and the child
• The child’s ability to contribute to their education expenses through part-time work, scholarships, or student loans

Parents may also be required to contribute to the child’s educational expenses, such as tuition, books, and living expenses, in addition to basic child support payments.

Example

Let’s consider an example where child support continues for a child attending university:

• Child’s Age: 19 years old
• Educational Status: Full-time university student
• Parents’ Agreement: Both parents are required to contribute to the child’s tuition, housing, and other expenses while maintaining basic child support payments.

In this scenario, the court is likely to continue child support until the child completes their education, typically by the time they finish their first degree or reach a certain age, such as 22 or 24, depending on the circumstances.

2. Child Support for Adult Children with Disabilities

If an adult child has a disability that prevents them from becoming financially independent, child support may continue indefinitely. This includes physical, mental, or emotional disabilities that prevent the child from being able to work or live independently.

The court will consider several factors when determining whether to extend child support for a disabled adult child, including:

• The severity of the disability
• The level of care and financial support required by the child
• The ability of the child to work or contribute to their own support
• The financial circumstances of the parents

Example

Here’s an example of a case where child support continues for a disabled adult child:

• Child’s Age: 21 years old
• Disability Status: The child has a developmental disability that requires ongoing care and prevents independent living or employment.
• Parents’ Responsibility: Both parents continue to contribute to the child’s living and care expenses.

In this scenario, child support may continue for as long as the child remains dependent on their parents for financial support.

3. Court Decisions and Agreements

In some cases, parents may come to an agreement regarding child support for adult children, especially if both agree that the child remains dependent due to education or other factors. This agreement can be formalized in a separation agreement or included in a court order.

If the parents disagree on whether child support should continue for an adult child, the decision will ultimately be made by the court. The court will evaluate the child’s needs, the parents’ financial situation, and other relevant factors to determine whether support should be extended and for how long.

How to Apply for Continued Child Support

If child support for an adult child is not already covered in an existing support agreement or order, a parent may apply for continued child support. This involves filing a motion with the court to extend the child support payments beyond the age of majority. You will need to provide evidence showing that the child remains dependent, whether due to education, disability, or another reason.

In cases of post-secondary education, this could include proof of enrollment, tuition fees, and other educational expenses. For disabled adult children, medical documentation outlining the nature and extent of the disability is typically required.

When Does Child Support for Adult Children End?

Child support for adult children usually ends when the child becomes financially independent, completes their education, or no longer requires parental support due to disability. However, the specific end date may depend on the terms outlined in the support agreement or court order.

It is important to note that parents can request to stop paying child support if they believe their child no longer qualifies as a dependent. This requires filing a motion to vary or terminate child support with the court, providing evidence that the child is now self-sufficient.

Conclusion

Child support for adult children in Canada may continue under certain circumstances, particularly when the child is pursuing post-secondary education or has a disability that prevents financial independence. The court will consider various factors when determining whether to extend child support and for how long. Parents should be aware of their legal obligations and seek legal advice if they are unsure about the continuation or termination of child support for an adult child.