In British Columbia, child support typically ends when a child reaches the age of majority, which is 19 years old. However, there are important exceptions. Under Section 2 of the Divorce Act, support may continue if the child is unable to withdraw from parental care or obtain the necessaries of life.
When Can a Parent Seek Child Support for an Adult Child?
A parent may apply for child support for a child over the age of 19, but they must first demonstrate that the child continues to qualify as a “child of the marriage.” As confirmed in Classen v. Anima, 2011 BCSC 868, once a child turns 19the responsibility is on the applying parent to prove entitlement of child support.
The term “necessaries of life” includes more than just basic needs like food, housing, and clothing. The court will assess this based on the child’s specific situation and the family’s reasonable expectations, as discussed in Lougheed v. Lougheed, 2007 BCCA 396.
Reasons Support May Continue Past Age 19
A child may still be dependent on their parents for several reasons, including:
- Illness or medical condition
- Physical or mental disability
- Ongoing post-secondary education
However, in cases involving post-secondary education, simply being enrolled is not enough to automatically qualify as a “child of the marriage” (W.P.M. v. B.J.M., 2005 BCCA 7). The court will examine the broader context to determine whether continued support is appropriate, such as academic, financial, and family circumnutates (Beninger v. Beninger, 2010 BCSC 1509 at para 15).
How Does the Court Decide?
In determining whether an adult child in post-secondary education is entitled to ongoing support, the court often refers to the Farden Factors, first established in Farden v. Farden (1993). These include:
- Whether the child is enrolled full-time or part-time in a program of study
- Whether the child is eligible for or has applied for student loans or financial assistance
- Whether the child has a realistic and career-related educational plan
- Whether the child is contributing to their own support through part-time work
- The age of the child
- The child’s past and current academic performance
- The parents’ intentions or plans for the child’s education during the marriage
- Whether the child has ended their relationship with the parent from whom support is sought
The court may also consider any other factors relevant to the child’s and family’s unique circumstances.
How Is Support Calculated for Adult Children?
If the court determines that the adult child qualifies as a “child of the marriage,” it may order child support under Section 3(2) of the Federal Child Support Guidelines.
