Do I have to pay child support after my child turns 19 in BC?
This answer covers the law of British Columbia.
Possibly. In British Columbia, child support generally continues until the child turns 19, but it can end earlier or later depending on the child's circumstances. A child who is still dependent at 19, because of illness, disability or school, keeps the right to support.
Under the Family Law Act, a child for support purposes includes a person 19 or older who, because of illness, disability or another reason, cannot obtain the necessaries of life or leave the charge of their parents or guardians. The Divorce Act is similar: a child of the marriage can include a child of the age of majority or over who cannot withdraw from their parents' charge or obtain the necessaries of life, and an order may last for a definite or indefinite period or until a specified event occurs. For an adult child, the court either uses the Guidelines amount as if the child were a minor or sets an amount it considers appropriate given the child's condition, means, needs and circumstances and each parent's ability to contribute.
An existing order does not end automatically; a court can change, suspend or terminate it on application. Which rules apply and what amount is right depends on your facts, so confirm with a lawyer.
Key takeaways
- Support generally runs until the child turns 19, but it can end earlier or later depending on the child's circumstances.
- A child 19 or older who cannot obtain the necessaries of life or leave their parents' charge because of illness, disability or another reason can still be owed support under the Family Law Act.
- A child under 19 who has voluntarily withdrawn from the parents' charge is generally not owed support, unless the departure was due to family violence or objectively intolerable circumstances.
- An existing order does not end by itself, so a court application is how it is changed, suspended or terminated.