When does child support end?

Parents who are separated or divorced must financially support their children, even, in some circumstances, after those children become adults.

Parents' child support obligations are set out in both the Divorce Act and the Family Relations Act, although each of these acts sets them out slightly differently. Basically, children are entitled to be supported by their parents if they are under 19 or if they are 19 or over, but unable, because of illness, disability, or for other reasons, to withdraw from their parents' support or get the "necessaries of life" by themselves. (The "necessaries of life" are enough food, shelter, and clothing to preserve and enjoy life.)

A good example of a child who no longer needs child support after age 19 would be one who is employed and self supporting by the time he or she becomes an adult. Children in this situation may still live at home with the custodial parent but, because they are self supporting, are able to pay room and board. Or they may have moved out and set up their own independent household.

Children who reach 19 and still depend on their parent(s) for room, board, and the "necessaries of life" might be attending a post-secondary institution full time. This institution could be a university, college, technical college, or any other accredited post-secondary school that offers either a degree, diploma, or certificate.

When trying to decide whether your child's post-secondary educational goals justify ongoing child support, consider:

• the age of your child,
• whether your child's educational goals are realistic in the sense that they will lead to employment soon after graduation,
• whether your child is studying full time or part time,
• whether your child can help pay for post-secondary education through student loans or other financial assistance,
• whether your child can work part time to help pay for his or her own support,
• your child's past academic performance and likelihood of success in reaching post-secondary educational goals, and
• your own and the other parent's views about post-secondary education for your children that you discussed or agreed upon when you were married or living together.

A child who is 19, unemployed, and still living at home may no longer be considered eligible by the court for ongoing child support. If the child is purposely underemployed or making little or no effort to find work, it would be reasonable to conclude that child support would end. On the other hand, if, through no fault of his or her own, the child is unemployed because, for example, he or she lives in an area that has chronically high unemployment, child support may continue for longer. If the child has some sort of disability, like depression, that affects his or her ability to look for work or attend post-secondary education, child support may still be payable. However, a child with a permanent, prolonged disability may be eligible for some sort of government disability support benefits.

In many cases, the parents of a child who is 19 or over may be able to agree that support no longer needs to be paid by the non-custodial parent. If the parents cannot agree whether child support should continue past age 19, they can go to a mediator or to court to decide the matter.

Child support generally ends when the child becomes an adult at 19 unless there are good reasons for it to continue. If support continues beyond the age of 19, it will end when the adult child is able to withdraw from his or her parents' support and care. Graduation from a post-secondary course or training program is a strong indicator that the child is now able to find work and be self supporting.

Sometimes the question of whether child support should continue after age 19 can be complicated. In those cases, consult a lawyer to review your specific situation and advise you how to proceed. See Who can help for more information about how to find a lawyer.