- A person 19 or older can still be a child for support purposes if illness, disability or another reason prevents them from obtaining the necessaries of life or leaving their parents' charge.
- For an adult child, the amount is either the Guidelines amount as if the child were a minor or an amount the court considers appropriate.
- Post-secondary education expenses can be added on a parent's request, shared in proportion to income.
When your child turns 19, you may wonder whether support stops. The answer is not always yes. School, illness or disability can keep the right to support alive.
This article explains how BC law treats support for a child who is 19 or older, how the amount may be set, and how to end or extend support.
This article covers the law of British Columbia.
When support can continue past 19
The duty to pay child support generally continues until the child turns 19, but a child still dependent at 19, for example because of illness, disability or school, keeps the right to support. BC guidance also says a child still in school or university may remain dependent after 19.
Under the Family Law Act, child for Part 7 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. Under the Divorce Act, a child of the marriage includes a child of the age of majority or over who, due to illness, disability or other cause, cannot withdraw from their parents' charge or obtain the necessaries of life.
Support is not owed in every case. A child under 19 who has voluntarily withdrawn from the parents' or guardians' charge is not owed support, unless the departure was due to family violence or objectively intolerable circumstances, and the duty resumes if the child returns to their charge. A child who is a spouse is also not owed support under s. 147(1).
How the amount 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.
A Divorce Act order may last for a definite or indefinite period or until a specified event occurs. So an order might name an end date or an event, such as finishing a program.
Post-secondary and other added costs
On a parent's request, the court may add post-secondary education expenses. 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.
| Situation | What the rules say |
|---|---|
| Child in school or university after 19 | May remain dependent; post-secondary costs can be added |
| Illness or disability | Child 19 or older can still qualify for support |
| Child who is a spouse | Not owed support under s. 147(1) |
Ending or extending support
Support does not end automatically in an existing order. A court may change, suspend or terminate it on application. Before doing so under the Family Law Act, the court must be satisfied of a change in circumstances under the guidelines, substantial new evidence unavailable earlier, or evidence of a lack of financial disclosure discovered after the last order.
If your order was set using a table, a change of circumstances is any change that would result in a different order. Whether the BC Child Support Recalculation Service can handle adult-child cases depends on the facts and eligibility, so confirm before relying on it.
Under both the Family Law Act and the Divorce Act, a court may vary or terminate support retroactively as well as prospectively. Under the Divorce Act, the court must be satisfied that a change of circumstances provided for in the applicable guidelines has occurred.
A parent cannot make an agreement saying the other parent does not have to pay child support, because support is the child's legal right. A child support agreement is binding only if made after separation or when the parties are about to separate, and the court may set aside or replace all or part of it if it would order something different applying the s. 150 factors. A written agreement filed in court is enforceable as if it were a court order.
What to do next
- Check your order for an end date or stated event.
- Gather proof of enrolment, school costs, medical records or disability information.
- Collect both parents' recent income documents.
- Keep paying under the order until a court changes it.
- Talk to a lawyer about whether to apply to end, change or extend support.
If payments are late, a written agreement or order can be enrolled with the BC Family Maintenance Agency, which can enforce it if necessary; an agreement must first be filed with the court registry. Child support paid under an order or agreement made after April 1997 is not deductible by the payer and does not have to be included in the recipient's income. Orders or agreements made before May 1997 can be treated differently, so it is worth confirming your situation with a lawyer or accountant.
Frequently asked questions
Does support stop on the 19th birthday?
Not automatically under an existing order. Support generally continues until 19, but a child still dependent because of illness, disability or school keeps the right to support.
Is my child's university tuition covered?
On a parent's request the court may add post-secondary education expenses, shared in proportion to income after the child's own contribution. Whether and how much depends on the facts.
How is the amount decided for an adult child?
It is either the Guidelines amount as if the child were a minor, or an amount the court considers appropriate given the child's condition, means and needs and each parent's ability to contribute.
Can I stop paying if my child quits school?
Do not stop on your own. A court may change or terminate an order on application, and the child's circumstances will matter. Get advice and apply if needed.
Sources
- Federal Child Support Guidelines s. 7(1) — Justice Laws (federal)
- Federal Child Support Guidelines s. 7(2)-(3) — Justice Laws (federal)
- Family Law Act, Part 7 (BC Laws) — bclaws.gov.bc.ca
- gov.bc.ca: What is child support? — www2.gov.bc.ca
- Divorce Act ss. 2(1), 15.1(4) — Justice Laws (federal)
- Federal Child Support Guidelines s. 14 — Justice Laws (federal)
- gov.bc.ca: Child support — www2.gov.bc.ca
- gov.bc.ca: Late or refused child support — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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