When Does Child Support End in BC? Age 19 and Adult Children

Many parents assume child support stops on the child's 19th birthday. Others are on the receiving end and worry that payments will end just as university costs begin. The real answer depends on the child's situation and on what your order or agreement says.

This article explains the general rule in British Columbia, when support can continue for an adult child, when it can end earlier, and why you should not simply stop paying or stop expecting payment without the right steps.

This article covers the law of British Columbia.

The general rule: support runs to age 19

Under the BC Family Law Act, each parent and guardian of a child has a duty to provide support for the child. BC government guidance says the duty generally continues until the child turns 19, and that support can end earlier or later depending on the child's circumstances.

Support is the child's legal right. BC guidance says a parent cannot make an agreement saying the other parent does not have to pay child support. That is why informal deals to stop support rarely protect anyone.

When support can continue past 19

Turning 19 does not always close the file. Which rule applies can depend on whether you are dealing with the Family Law Act or the Divorce Act, and a lawyer can confirm which one fits your situation.

• Family Law Act: for the purposes of child support, a child 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.
• Divorce Act: a child of the marriage includes a child of the age of majority or over who, because of illness, disability or other cause, cannot withdraw from their parents' charge or obtain the necessaries of life.
• School or university: BC guidance says a child who is still in school or university may remain dependent after 19.
• Length of the order: under the Divorce Act, a child support order may last for a definite or indefinite period, or until a specified event occurs.

Whether an older child is actually unable to become independent is a question of fact. Medical information, school records and the child's own efforts can all matter.

How the amount is set for an adult child

For a child who is the age of majority or older, the amount is one of two things. It 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 be handled as an add-on. On a parent's request, the court may add an amount for post-secondary education expenses. Special expenses like these are shared by the parents in proportion to their 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.

In practice, this means a student's own savings, scholarships or part-time earnings may reduce what the parents are asked to cover. The exact result depends on the incomes and the child's circumstances.

When support can end before 19

Support does not always last until the 19th birthday. The Family Law Act sets out two situations where a child under 19 is not owed support.

• A child 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. If that child returns to their charge, the duty resumes.
• A child who is a spouse is not owed support under section 147(1) of the Family Law Act.

What counts as voluntarily leaving, or as intolerable circumstances, depends on the facts. If you are in this situation, get advice before you change what you pay or expect to receive.

An existing order does not end on its own

This is where many people get caught. Support under an existing order does not end automatically. A court may change, suspend or terminate a child support order, prospectively or retroactively, on application.

The court cannot do so just because a parent asks. Under the Family Law Act, it must first be satisfied of a change in circumstances under the guidelines, substantial new evidence that was unavailable at the earlier hearing, or evidence of a lack of financial disclosure discovered after the last order. Under the Divorce Act, the court must be satisfied that a change of circumstances provided for in the applicable guidelines has occurred. A court may vary retroactively under both Acts, but the same threshold still applies.

If the order is enrolled with the BC Family Maintenance Agency, the director must enforce a filed order where necessary and practicable. Unpaid amounts can add up, and simple interest accrues on arrears under the regulations. Where arrears total $3,000 or more, the director may act so that ICBC cancels the debtor's driver's licence. Stopping payments on your own, even when you think the child is independent, can therefore create real problems.

What to do next

• Read your order or agreement and look for an end date or a specified event.
• Keep paying, or keep recording payments, until a court changes the order.
• Gather proof of what has changed, such as school enrolment, medical records, the child's income or where the child is living.
• Talk to the other parent early about the child's plans, since an agreement can make a later application simpler.
• Get legal advice before applying to change, suspend or terminate support, especially if the child has a disability or is going to university.

A lawyer can tell you which Act governs your order, whether your situation meets the legal test, and how to present the evidence.

Frequently asked questions