Does Child Support Stop at 18 in Alberta? Age of Majority Rules

Your child is about to turn 18 and you are wondering what happens to the support. Some parents expect payments to stop on the birthday. Others expect them to carry on until the child finishes school. Neither assumption is quite right.

This article explains how Alberta treats child support for children who have reached the age of majority, what "dependent" generally means, and what to check in your own order or agreement before you change anything.

This article covers the law of Alberta.

Is 18 the end date for child support?

Alberta's Age of Majority Act sets the age of majority at 18. However, support for a child who is 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 a full-time student.

So turning 18 does not by itself end the obligation, and it does not by itself guarantee that support continues. The facts about the child's situation matter, along with the wording of your order or agreement.

Which law applies to you

Divorcing spouses are under the Divorce Act. Unmarried parents, separated-but-not-divorced spouses and adult interdependent partners proceed under Alberta's Family Law Act and the Alberta Child Support Guidelines. The Alberta guidelines adopt the Federal Child Support Guidelines, so the table amounts are the same.

Under the Divorce Act, a "child of the marriage" includes a child under the age of majority who has not withdrawn from the parents' charge. It also includes a child who is of age but cannot, because of illness, disability or other cause, withdraw from their charge or obtain the necessaries of life.

How the amount is set for a child 18 or older

For a child under the age of majority, the amount is the table amount plus any special or extraordinary expenses. For a child who is the age of majority or over, the amount is the table amount, or, if the court finds that inappropriate, whatever amount it considers appropriate. The court looks at the child's condition, means and needs and the parents' ability to pay.

In practice, this means the amount for an adult child can differ from what was paid before. A child who works part-time, lives away from home or has a disability may lead to a different result than a child who lives at home and studies full-time.

• A full-time student who is still financially dependent is the example the province gives for continued support.
• A child with an illness or disability may still qualify as a child of the marriage under the Divorce Act.
• A court can depart from the table for an adult child where the table seems inappropriate.

Support enforced through MEP

If your order is registered with the Maintenance Enforcement Program (MEP), note that it only continues enforcing past the age of majority where the child is financially dependent as a full-time student.

MEP can only enforce an enforceable amount set by a filed court order or maintenance agreement. Terms that are only in Reasons for Judgment, Endorsements, Minutes of Settlement or a "Separation Agreement" cannot be enforced by MEP.

Existing orders can also be reviewed if circumstances change. For a table-based order, a change in circumstances is any change that would result in a different child support order.

What to do before or after the birthday

• Read the exact wording of your order or agreement for any end date or events that end support.
• Find out whether your child plans to continue studying full-time and whether they are financially dependent.
• Do not simply stop paying or stop expecting payments without confirming the position; unpaid amounts under a registered order may still be enforced.
• If the order is registered with MEP, contact MEP about how your file will be treated.
• Keep records of enrolment, living arrangements and any income your child earns.
• Talk to a family lawyer if you and the other parent disagree, or if the order does not clearly deal with an adult child.

Because the answer depends on the child's circumstances and the wording of your documents, a lawyer can confirm where you stand.

Frequently asked questions