Do I Have to Pay Child Support for My Adult Child?
A child’s 18th birthday does not necessarily end a parent’s child support obligation. In Ontario, support may continue while an adult child pursues post-secondary education or when illness, disability, or another cause prevents the child from becoming financially independent.
Whether support continues, how much should be paid, and for how long can depend on the legislation governing the family, the child’s circumstances and resources, their educational plans, and the parents’ financial circumstances.
When Can Child Support Continue After Age 18?
Ontario’s Family Law Act provides that a parent has an obligation, to the extent they are capable of providing support, for an unmarried child who is a minor, is enrolled in a full-time program of education, or cannot withdraw from parental care because of illness, disability, or another cause.
For parents governed by the federal Divorce Act, an adult child may remain a “child of the marriage” if they are under the parents’ charge and cannot withdraw from that charge or obtain the necessaries of life because of illness, disability, or another cause. Therefore, age alone does not determine when support ends.
Post-Secondary Education and Child Support
College, university, or another post-secondary program is one of the most common reasons support continues into adulthood. Under Ontario’s Family Law Act, full-time enrolment in a program of education is specifically recognized as a circumstance supporting continued parental support.
Under the Divorce Act, post-secondary education may also constitute an “other cause” preventing an adult child from becoming financially independent. However, support is not automatically available to every adult student.
Relevant considerations may include the nature and duration of the program, whether the child studies full-time, their commitment to their education, career objectives, and ability to contribute to their own expenses.
What Happens When an Adult Child Goes Away to School?
Support calculations can become more complicated when a student leaves home for university or college and begins paying residence, rent, meal plan, transportation, and other expenses.
The Federal Child Support Guidelines permit a court to continue using the ordinary Guidelines calculation for an adult child. Where that approach is inappropriate, the court may instead consider the child’s condition, means, needs, and circumstances, together with each parent’s financial ability to contribute.
As a result, a student’s actual budget and resources may become particularly important when they live away from home for much of the year.
Who Pays University or College Expenses?
Post-secondary costs are included among the special or extraordinary expenses addressed by section 7 of the Federal Child Support Guidelines. Eligible expenses are generally shared between the parents in proportion to their respective incomes after accounting for contributions from the child and applicable subsidies, benefits, tax deductions, or credits.
Scholarships, bursaries, employment income, savings, registered education savings plans, and other resources may therefore affect how much each parent ultimately contributes.
Is an Adult Child Expected to Contribute?
An adult student may be expected to contribute toward their education when their circumstances permit. Their income, savings, assets, scholarships, bursaries, student funding, and other financial resources can all be relevant.
There is no fixed percentage every adult child must contribute. Their available means form part of the overall assessment.
Does Child Support Continue During Summers and School Breaks?
A temporary absence from classes does not necessarily mean an adult child has become financially independent. A university student may return home for the summer, work seasonally, and resume full-time studies in September.
The child’s earnings, educational status, plans, and degree of financial independence remain relevant. Courts generally consider the child’s overall circumstances rather than treating each school break as determinative.
What About Graduate School or a Second Degree?
There is no universal age at which post-secondary child support automatically ends, and additional education does not necessarily extend support indefinitely.
The child’s age, educational history, career plans, ability to support themselves, and the nature of the additional program may all matter. A student moving directly from an undergraduate degree into professional school may therefore be assessed differently from an adult who has lived independently for several years before returning to school.
Child Support for an Adult Child With a Disability or Illness
Post-secondary education is not the only reason support can continue. Ontario and federal legislation also recognize circumstances in which an adult child remains dependent because of illness or disability.
The analysis may include the child’s earning capacity, living arrangements, medical and support needs, government benefits, available programs, and other financial resources.
Unlike educational support, which may have an anticipated completion point, support involving a significant disability or illness may raise longer-term questions about financial dependence.
Does Child Support Stop Automatically?
Parents should not assume support automatically ends when a child turns 18, graduates, moves away for school, or reaches another milestone. An existing court order or separation agreement may identify specific termination events or provide for review when the child reaches a particular age or stage of education. A material change in circumstances may also lead to an application to vary support.
The central question is whether the adult child continues to meet the applicable legal requirements for support and, if so, what amount is appropriate.
Adult Child Support Is Highly Dependent on Circumstances
There is no single cut-off date for child support in adulthood. A university student living away from home may have very different needs from a student living with a parent, while an adult child unable to live independently because of a disability may require a different support structure.
Education, living arrangements, the child’s financial resources, and each parent’s ability to contribute can all affect whether support continues and how expenses are divided.
Bortolussi Family Law: Vaughan Child Support Lawyers for Parents of Adult Children
The family and divorce lawyers of Bortolussi Family Law advise parents on adult child support, post-secondary education expenses, section 7 expenses, child support variations, university and college costs, and the continuation or termination of child support in Vaughan, York Region, and across the GTA. Whether you are reviewing an existing separation agreement or court order or addressing a change in an adult child’s circumstances, contact us online or call 416-987-3300 for personalized legal guidance.