Our Family Law clients often ask whether child support terminates automatically when children turn 18. The Divorce Act states that child support shall be paid for so long as a child who is over the age of 18 years of age is unable to obtain the necessities of life. The Family Law Act uses similar criteria for children whose parents are not married.
When Does Child Support Obligations End? Key Factors to Consider
Other than mental or physical disability, the most common reason an adult child would be entitled to ongoing child support is enrollment in a post-secondary educational institution.
In Farden v. Farden, the British Columbia Court of Appeal set out several factors to consider. In Alberta, the “Farden Factors” were applied by Mme. Justice Johnstone in Pollard v. Pollard, indicating that merely attending a post-secondary institution is not necessarily sufficient.
When it comes to child support matters, each case is different. However, some of the questions to be answered in relation to when a parent should stop paying child support include:
- Is the child enrolled in full-time studies? Depending on the circumstances, child support payments will more likely be maintained for full-time students rather than part-time.
- Is the child eligible for student loans or other financial assistance? The courts have generally held that it is not the child’s obligation to borrow money if either of the parents have the ability to fund their education.
- What are the career plans of the child? Is the program likely to provide the child with a reasonable career? Is the child is well-suited to the program of study?
- Is the child able to contribute to their own support through part-time employment?
- How old is the child? Generally, the older the child the less likely they will be considered an adult child of the marriage.
- Is the child’s past academic performance adequate? A child with stellar academic performance will more likely be considered an adult child of the marriage than a child who does not take their academic pursuits seriously.
- What plans were made for the child’s education during the parents’ cohabitation? If the parents planned for their children to live at home while attending university or college, the child is more likely to be considered an adult child of the marriage.
- Has the child unilaterally terminated a relationship with the parent from whom child support is sought?
How Kirk Montoute Dawson LLP Can Help You Understand Child Support Guidelines in Alberta
Contact the lawyers at Kirk Montoute Dawson LLP for advice and representation if you are faced with an application for child support or are considering making an application regarding child support for a child who is over 18 years of age.
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