Child Support Over 18

Child support for young people over the age of majority (in Ontario, that is 18) is an area of family law about which I receive many questions. In the past,  I hosted a Blog on Blogspot, back in the days when blogs were still a novelty, and I can tell you the post on this subject received literally hundreds and hundreds of hits.

Since this remains a topic of much interest, I decided to address it in this Blog as well. Since my goal has always been to speak to the public about legal issues using as little legal lingo as possible, I will try and stick to commonly-understood terms.

Remember, please – what you read below is not legal advice – it’s basic information to help guide you further. If you are wondering how this area of the law applies to your case, it’s very important that you get legal advice, which may be provided on a limited scope basis. To learn more about Limited Scope Legal Services, visit Ontario’s Family Law Limited Scope Services Project - we provide these services as well!

This post applies to both children born to parents who were married to each other and also children of common-law relationships. That is because Canadian law rightly does not distinguish between them when it comes to rights.

In Canada, child support is the right of the child, not the right of a parent. An important point to keep in mind when dealing with the issue of child support.

There is a belief among a large segment of the public that child support always ends when a young person reaches the age of 18. That the termination of child support rights is automatic at 18. Your first takeaway from this post should be that this is not always the case.. The law in both Canada at large and in Ontario as well provides that there are a number of circumstances in which children over the age of majority may be entitled to continue to receive child support, in different form.

When considering this issue, at play are two sets of laws (federal law, - being the Divorce Act, and provincial, Ontario law, being the Family Law Act.). Which law applies to the specific circumstances of your case is something you need to discuss with your lawyer but there are common themes which apply in both situations.. Here they are.

Generally speaking, young people over the age of 18 remain eligible for (entitled to receive) child support if for reasons I discuss further, they are unable to withdraw from their parents’ financial assistance. That should be your second takeaway - when a young person over 18 is unable to become financially self-sufficient, they may continue to have the right to be supported by his or her parents.

Is the reason relevant? - YES.

With a view to the wording of the actual legislation, Ontario judges tackle this issue in family court every day. So what are the classic examples of situations in which a young person over 18 may continue to receive child support? .

Education - if they are attending school. Here, many questions come up - for example, does it have to be full-time? What about co-op programs? What if they skip a year, a term? Do they have to apply themselves and get good marks? All these questions are very reasonable and relevant, but beyond the scope of this post. Yes, you guessed it - the court deals with these questions on a case-by-case basis but I can tell you that the Court’s overall approach these days is to give young people as much opportunity to get an education and succeed in our competitive world as possible. If your kid is over 18 and you are wondering whether they are still in school (you are not in direct touch) - you are entitled to that information if child support is to continue. You should receive information on what program they are in and other, relevant detail. Does the fact that your child may have a part-time job while attending school disqualify them from receiving child support. - generally speaking no - but these days, Courts expect young people to make some reasonable contribution to the cost of their own education, keeping in mind their abilities and of course the availability of jobs. Where the young person lives while attending school IS another relevant factor because how child support is paid, and in what amount, may change when post-secondary education begins - including if they live in residence or off-campus, as opposed to at home. Many parents have a review of the child support arrangements when their child begins post-secondary education.

Another reason - illness. or disability. Some classic scenarios are not difficult to imagine, including a young person with an intellectual disability preventing them from living independently but there are also some less obvious situations to consider. Imagine a young woman suffering from depression who is completing a 4-year university degree to the best of her ability but at a pace slower than a child not experiencing the same medical challenges - this is very much the type of situation which presents a blend of the two factors discussed - continued schooling and a medical issue affecting this young person’s ability to stand on her own financial feet. Here, medical evidence would be important.

The law does provide for “other reasons” for which child support may continue so the categories are definitely not closed. Again, each case will be dealt with by the court as unique so while there are some general themes, it would not be wise to predict what might happen in your case simply because your neighbour’s case had this or that outcome.

Here comes a very common question: so am I expected to support a perpetual student? NO - courts do not give young people carte blanche to go to school into their 40s . It’s generally one degree or program but there are situations in which child support through more than one degree is required - these are unique cases which generally involve higher levels of income.

Your third takeaway? - whether your 18 year old continues to be entitled to receive child support IS a legal issue - and depending on their circumstances - they may be - the law allows for the continuation of support in certain circumstances which, these days, are not uncommon - so inform yourself, get at least a consultation with a lawyer to understand the issue. When post-secondary education begins, the type and amount of child support paid may change, again depending on the circumstances of the young person at the time, so talk to the other parent if you can, or mediate the issue.

©AJJakubowska