Should I Pay Child Support if My Child is Over the Age of Majority?
Determining if you should pay child support for a child that is over the age of majority is not as straightforward as you might hope.
The age of majority in BC is 19, meaning the biological or adoptive parent caring for the child that is under 19 should receive child support.
However, once the child turns 19, the situation becomes more complicated. If the child leaves the parent’s charge, then child support will end. But what happens if the child remains at home with a parent? Is the parent still legally obligated to pay child support?
According to the
Divorce Act, a child over the age of majority is still considered a child of the marriage if the child in question is unable to obtain their own life necessities. This can happen due to illness, disability, or other causes. “Other causes” includes situations where the child is attending post-secondary schooling and has not yet moved out on their own.
What happens when a child is over the typical child support age but is still living at home? When does child support end in BC?
Below, are the factors that must be considered to determine whether you should still be paying or receiving child support. As these cases are fact specific, we encourage you to contact us to have one of our
Vancouver family lawyers assess your situation and answer any questions you may have.
Factors to Consider When a Child is Over the Age of Majority
According to the Federal Child Support Guidelines, if a child is over the BC age of majority it is the responsibility of the parent seeking child support, to prove that the child is still legally a “child of the marriage” to be entitled to child support. This term is used to describe a child that may be over the age of majority but is still dependent on one of the parents for financial assistance.
There are several factors that courts consider when determining if a child over 19 is still considered a "child of the marriage", such as:
- Is the child enrolled in post-secondary education, either on a full-time or part-time basis?
- Has the child applied, or is otherwise eligible, for student loans and other forms of financial assistance?
- Is the child pursuing a full time educational program education that is directly related to a future career?
- Can the child contribute to their own support with income from part-time work or other level benefits such as bursaries and scholarships?
- What is the child’s age?
- What is the child’s history with education programs? Are they successful?
- What were the parents’ plans for the child’s education?
- Has the child terminated their relationship with the parent who is seeking support?
Family law courts will consider all of the above information when determining if child support should still be provided for a child over the age of majority.
So, Is Child Support Payment Owed?
You may need to contact a family lawyer to determine if a child support payment is owed in your unique situation. As discussed in the above section, the courts conduct a fact-specific analysis of the circumstances, and means and needs of the child and the parties when awarding child support for dependent adult children.
If you are unsure whether your situation attracts any arrears or retroactive child support payment, please
contact our family law lawyers today.
