One common misconception in family law is that child support payments automatically end when a child turns 18. That is not always the case.
Child support payments are generally required until a child is no longer considered a dependent, which can extend beyond the age of majority. Section 31 of the Family Law Act outlines two common circumstances in which a child may remain dependent after turning 18:
- The child is enrolled in a full-time program of education; or
- The child is unable, by reason of illness, disability, or other cause, to withdraw from the charge of their parents.
Full-Time Education Considerations
If a child remains enrolled in school on a full-time basis after turning 18 and there has been no material change in their circumstances, child support will generally continue at the same amount payable prior to the child reaching the age of majority.
Where circumstances have changed and the child’s continued entitlement to support is in question, the court will determine the issue on a case-by-case basis. In doing so, courts often apply the Farden factors, which assess the child’s financial and educational circumstances. These considerations include whether the child is enrolled full-time or part-time, their eligibility for student loans or other financial assistance, their employment status, their career plans, and the overall reasonableness of their educational pursuits.
If a child remains entitled to support and attends post-secondary school away from home, the table amount of child support may be adjusted to reflect that the child is living independently during the academic year. Conversely, where the child resides at home while attending school, child support is typically paid to the parent with whom the child lives and may remain at the full table amount.
Post-secondary expenses such as tuition, books, transportation, and housing are often treated as section 7 expenses and shared between the parents in proportion to their respective incomes. However, the allocation of these expenses depends on the specific circumstances of the case, including the financial means of both the parents and the child. In some cases, courts have ordered ongoing child support without requiring additional contributions toward section 7 expenses for a child of post-secondary age.
Illness & Disabilities
Child support for an adult child with an illness or disability is also calculated on an individual basis at the discretion of the judge. The judge will require health documents to assess whether the child is still a dependent. The judge will also assess the income of the parents, the needs of the child, and the availability of government funding such as Ontario Disability Support Program.
If you have any questions about your rights and obligations regarding child support, please contact the family law team for more valuable insight and guidance.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
