When Does Child Support End in British Columbia? Age and Conditions

Many parents assume child support stops on a birthday. If you pay support, you may want to know when you can stop. If you receive it, you may worry about when the money ends.

In British Columbia the answer depends on the child's situation and on what your order or agreement says. This article explains the general rules, the exceptions, and the steps to take when circumstances change.

This article covers the law of British Columbia.

The general rule: until the child turns 19

Each parent and guardian has a duty to support a child under the Family Law Act. BC government guidance says that duty generally continues until the child turns 19, but 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. The Family Law Act defines a child for support purposes to include a person 19 or older who cannot obtain the necessaries of life or leave the charge of their parents or guardians because of illness, disability or another reason.

For a child who is 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. BC guidance says a child still in school or university may remain dependent after 19, and post-secondary education expenses may be added to support and shared in proportion to income after the child's own contribution.

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. An order may last for a definite or indefinite period or until a specified event occurs.

Support does not end automatically under an order

If you already have a court order, it does not stop on its own just because a child reaches a certain age. A court may change, suspend or terminate a child support order, going forward or backwards in time, on application.

This means a payor who simply stops paying may build up arrears. Check what your order says about when support ends, and apply to change it if circumstances have shifted.

If support is behind and you have a written agreement or order, you can enrol it with the BC Family Maintenance Agency, which can enforce it if necessary. An agreement must first be filed with the court registry to be enrolled.

Situations that can end support 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.
• A court can change, suspend or terminate an order when the legal requirements are met.

Whether one of these applies depends on the facts, so it is worth getting advice before you act on it.

What a court needs to see before changing an order

Under the Family Law Act, before changing, suspending or terminating a support order the court must 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.

Where support was set using a table, a change of circumstances is any change that would result in a different child support order. A court may vary retroactively or prospectively under both Acts.

You also cannot agree that child support will not be paid. BC guidance says a parent cannot make an agreement saying the other parent does not have to pay, because support is the child's legal right.

What to do next

• Read your order or agreement for any end date or stated event.
• Note your child's age, schooling, health and living arrangements.
• Ask whether your order is eligible for the BC Child Support Recalculation Service, which reviews eligible orders and agreements each year and is free.
• Keep paying as ordered until the order is formally changed.
• Speak with a lawyer before applying to change or end support.

Frequently asked questions