Child Support After 19 in BC: University, Disability and Adult Children

Many parents expect child support to stop when their child turns 19. Often it does, but the Family Law Act and the Divorce Act both allow support to continue for an adult child who is still dependent, and that question tends to surface just as a child finishes high school.

This article explains when support can continue past 19, how post-secondary studies and disability are treated, how the amount is set for an adult child, and what to do before you change or stop payments.

The starting point: 19 is the age of majority

Under BC's Age of Majority Act, a person reaches the age of majority at 19. The Family Law Act Regulation adopts the Federal Child Support Guidelines for BC and directs that references in the Guidelines to the age of majority be read as 19 years of age.

Even before 19, the duty to pay has limits. Under section 147 of the Family Law Act, a parent has no duty to support a child who is a spouse, or a child under 19 who has voluntarily withdrawn from the parents' charge, unless the child left because of family violence or circumstances that were, considered objectively, intolerable.

When an adult child still counts as a "child"

For child support, section 146 of the Family Law Act says "child" includes a person who is 19 or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of their parents or guardians.

The Divorce Act uses similar language for married parents. A "child of the marriage" includes a child who is the age of majority or over and under the parents' charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life. The Divorce Act defines the age of majority by the law of the province where the child habitually resides, which is 19 for a child living in BC, or 18 if the child habitually resides outside Canada.

The key question in both statutes is dependence, not age alone.

University, college and trades training

Post-secondary studies can be an "other reason" or "other cause" that keeps an adult child dependent, but enrolment alone does not decide it. In Farden v. Farden, 1993 CanLII 2570 (BC SC), the court considered matters such as whether the student was enrolled full time or part time, the pace of the studies, career plans, part-time employment, whether student loans had been applied for, and the student's relationship with the paying parent. In that case the application for support was dismissed on the evidence.

Practical points that tend to matter:

• Evidence of the program. Proof of enrolment, course load and marks, rather than a general statement that the child is "in school".
• The child's own contribution. Summer and part-time earnings, scholarships, bursaries and student loans.
• Living arrangements. Whether the child lives at home, in residence or independently, which affects both needs and which table, if any, fits.
• Gaps and changes. A gap year, a switch of program or a second degree can all change the analysis.

Adult children with a disability

Where illness or disability prevents an adult child from becoming self-supporting, the duty can continue well beyond the usual school years. The child's own means, such as disability benefits or other income, are part of the picture when the amount is set. These cases often also raise planning questions for the parents, such as how support interacts with benefits and what happens when a parent dies, which are worth addressing with advice.

How the amount is worked out for an adult child

Section 3(2) of the Guidelines gives the court two options for a child who is the age of majority or over:

• apply the Guidelines as if the child were under the age of majority, meaning the usual table amount plus any special expenses; or
• if the court considers that approach inappropriate, order the amount it considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent to contribute.

Post-secondary education expenses are listed in section 7(1)(e) as a special expense. Under section 7(2), the guiding principle is that the parents share these costs in proportion to their incomes after deducting any contribution from the child. Our article on how child support is calculated in BC explains the table amount and special expenses in more detail.

Before you change or stop payments

Read the wording of your order or agreement. Some describe the end of support by a date, others by the child's status, and many deal with post-secondary costs separately. If you believe support should end or change, do not simply stop paying: change it by written agreement or court order. Under section 149 of the Family Law Act, an application for child support can be made by a parent or guardian, or by the child or a person acting on the child's behalf.

If your separation agreement is several years old, now is a good time to review it. Our article on separation agreements in BC explains what they usually cover and when a court can set them aside.

Child turning 19 or starting post-secondary? Review the support terms now

Our family lawyers can review your existing order or agreement, gather the information that matters for an adult child, and negotiate or apply for the changes that are needed.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.