Child Support After 19 in BC: Post-Secondary and Adult Children

When a child turns 19, or heads off to college or university, many parents are unsure whether support stops, continues, or needs to be changed. The answer depends on the child's situation and on the wording of your order or agreement.

This article explains how British Columbia approaches support for older children, how adult students are treated, and what steps are usually involved.

This article covers the law of British Columbia.

Does support end at 19?

BC government guidance says the duty to pay child support generally continues until the child turns 19, and that support can end earlier or later depending on the child's circumstances. A child who is still dependent at 19, for example 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.

If you already have an order, support does not end automatically. A court may change, suspend or terminate a child support order on application. Until an order is changed, it is wise to treat it as still in force and get advice.

Exceptions that can end the duty earlier

• A child under 19 who has voluntarily withdrawn from the parents' or guardians' charge is not owed support, unless the departure was due to family violence or objectively intolerable circumstances. The duty resumes if the child returns to their charge.
• A child who is a spouse is not owed support under section 147(1) of the Family Law Act.

Divorce Act: child of the marriage

If you are dealing with a divorce, the Divorce Act uses the term child of the marriage. It includes a child of the age of majority or over who, because of illness, disability or another cause, cannot withdraw from their parents' charge or obtain the necessaries of life. An order may last for a definite or indefinite period or until a specified event occurs.

Whether a particular student fits this description is a question of fact. Your lawyer can explain how the child's age, studies, income and living arrangements are likely to be viewed.

How support is set for an adult child

For a child of the age of majority or over, the amount is either the Guidelines amount as if the child were a minor, or an amount the court considers appropriate having regard to the child's condition, means, needs and other circumstances and each parent's financial ability to contribute.

Post-secondary costs can also be handled as a special expense. The court may add post-secondary education expenses on a parent's request. These are shared in proportion to the parents' incomes after deducting any contribution the child is able to make. The court must also take into account related subsidies, benefits and tax deductions or credits.

What to do next

Read your order or agreement to see how it describes the end of support. Many are tied to a date or an event, and that wording matters.

• Gather your order or agreement and the most recent income information for both parents.
• Collect the child's school enrolment, tuition and living cost details.
• Note any income, scholarships or savings the child has.
• Check whether the BC Child Support Recalculation Service applies to your order, since it reviews eligible orders and agreements each year.
• Speak with a lawyer before stopping or reducing payments, because a court may change an order on application.

If support needs to change, the court must be satisfied of a qualifying change in circumstances, substantial new evidence, or a lack of financial disclosure.

Frequently asked questions