Child Support for an Adult Child in University or College in Alberta

Your child turns 18 and starts university or college. Does support stop, carry on, or change? Parents on both sides of this question often assume there is a fixed cut-off date.

There is not. This article explains how Alberta approaches support for an adult child who is in school, how the amount is set, and what a court looks at.

This article covers the law of Alberta.

Does support end at 18?

Alberta's Age of Majority Act sets the age of majority at 18. Support for a child 18 or older is not automatic and is not cut off at a fixed age. It depends on whether the child remains a dependent, for example as a full-time student.

Under the Divorce Act, a child of the marriage can include a child who is of age but unable, because of illness, disability or other cause, to withdraw from the parents' charge or obtain the necessaries of life. Whether a particular student fits depends on the facts, so check with a lawyer.

How the amount is set for an adult child

For a child who is the age of majority or over, the amount is the table amount. If the court finds that inappropriate, it may order whatever amount it considers appropriate, having regard to the child's condition, means, needs and the parents' ability to pay.

This is different from a younger child, where the amount is the table amount plus any special or extraordinary expenses. The same federal tables apply under the Divorce Act and the Family Law Act in Alberta.

Post-secondary expenses

On a spouse's request, the court may provide an amount for post-secondary education expenses. These are shared by the spouses in proportion to their incomes, after deducting any contribution from the child.

The court must also take into account any subsidies, benefits, or income tax deductions or credits relating to the expense. Bursaries and tax credits are among the items considered.

• The child's own contribution, such as savings or earnings, is deducted before the parents share the cost.
• Bursaries, subsidies and tax credits reduce the amount to be shared.
• Each parent's share follows their income, not an even split.

Changing or enforcing an order

A court may vary, rescind or suspend a child support order, retroactively or prospectively, on application by either or both former spouses. Before varying an order, the court must be satisfied that a change of circumstances as provided for in the applicable guidelines has occurred. Starting or finishing school may be such a change, but that depends on the facts.

If the order is enforced through the Maintenance Enforcement Program (MEP), it continues enforcing past the age of majority only where the child is financially dependent as a full-time student. MEP needs a filed order or eligible agreement that sets an enforceable amount.

What to do next

• Read your order or agreement to see how it defines a child and when support is to end.
• Confirm your child's enrolment and whether they study full-time.
• List tuition, books, and other costs, along with any bursaries, scholarships or tax credits.
• Ask a lawyer whether to seek a variation, or whether to negotiate a new arrangement.

Frequently asked questions