Child support ends in British Columbia when a child turns 19, which is the age of majority. However, under both the Family Law Act and the Divorce Act, child support may continue beyond age 19 if the child remains dependent due to attending school, having a disability, or being unable to meet basic needs. Understanding when and how child support ends is crucial for parents as they navigate their legal responsibilities and financial planning.
Wondering when your child support obligations will end in British Columbia? At Onyx Law Group, our experienced child support lawyers have over a decade of experience providing clear, personalized advice, ensuring you understand your obligations and rights. We combine up-to-date legal knowledge with practical courtroom experience to give you clear, confident advice tailored to your situation. Contact us today to protect your rights and secure your family’s future.
This post explains when child support ends in British Columbia, including how factors such as age, dependency, and legal agreements affect your obligation to pay.
What Is the Importance of Child Support?
Children have a legal right to financial support from both parents. Separation or divorce does not change that ongoing support obligation. Child support is the money that one parent pays to another to support their children financially after a separation or divorce. In BC, child support is calculated using the Federal Child Support Guidelines.
Who Is a “Child” for Support Purposes?
Both the federal Divorce Act and BC’s Family Law Act address how long a parent has to pay child support and in what amount. Each law defines a “child” for support purposes in a slightly different way.
Under the Divorce Act, a “child of the marriage” refers to a child of two spouses or former spouses who meets the following criteria at the material time:
(a) Is under the age of majority and has not withdrawn from their charge, or
(b) Is of age but cannot leave their charge or get life’s necessities due to illness, disability, or other reasons.
In British Columbia, a person reaches the age of majority when they turn 19 years of age (see the Age of Majority Act, R.S.B.C. 1996, c. 7). The age of majority differs from province to province. For example, in Alberta, the age of majority is 18.
Similarly, under BC’s Family Law Act, a “child” includes a person who is 19 years of age or older and unable, because of illness, disability, or another reason, to obtain the necessaries of life or withdraw from the charge of their parents or guardians.
When Does Child Support End in BC?
The law that applies in your situation depends on the specific circumstances, such as whether you were legally married to your child’s other parent. However, regardless of whether the Family Law Act or Divorce Act applies, the basic rule in British Columbia is that children are entitled to support from both parents if they are under the age of 19 or over the age of 19 but can’t take care of themselves financially due to illness, disability, or another reason.
To put it another way, the requirement to financially support your child until age 19 is usually the minimum, not the maximum. In certain circumstances, the obligation to provide support can extend well into adulthood.
Exceptions to the General Rule
First off, it’s worth noting here that child support can end in BC before a child reaches the age of 19, but only in very rare cases. If a child under the age of 19 gets married or chooses to live with neither parent, the duty to pay child support may end. However, this exception does not apply if the child leaves home due to family violence or intolerable living conditions.
An adult child who is unable to leave home and become self-sufficient due to illness or disability is likely entitled to support. For example, if an adult child has a disability that affects their ability to look for work or attend post-secondary education, the parent with whom the child lives can claim ongoing support. A child with a disability may qualify for government disability support benefits, which would be taken into account when deciding how much child support to pay.
A common question regarding schooling is, “Do I have to pay child support when my child goes to university?” Canada and BC courts have interpreted “other cause” and “another reason” in the Divorce Act and the Family Law Act as including a child’s attendance at a post-secondary institution.
However, that doesn’t mean a university or college student aged 19 or older automatically qualifies for ongoing child support payments. Even if the child is pursuing post-secondary education, the onus is on the parent claiming child support to prove that the adult child is still a “child of the marriage” or “child” as defined by the law.
How Does the Court Decide if Support Should Continue During Post-Secondary Studies?
To determine whether an adult child enrolled in post-secondary studies is entitled to continued financial assistance from their parents, the court must consider whether the child’s educational pursuits are reasonable, taking into account their particular academic, financial, and family circumstances. There are eight factors in particular that the court will consider, developed by the court in a BC family law case called Farden v. Farden:
- The court will verify if the child is indeed enrolled in a course of study, regardless of its full-time or part-time nature.
- The court will evaluate whether the child has applied for or qualifies for student loans or other forms of financial aid.
- Does the child’s career plan, which involves pursuing educational goals relevant to their intended career, constitute a reasonable and appropriate plan?
- The child’s ability to support themselves through part-time work is crucial.
- The child’s past academic performance and their current academic success are crucial factors to consider.
- The parents’ plans for the education of their child(ren), particularly where those plans were made during cohabitation or marriage.
- The court will consider whether the child has unilaterally ended their relationship with the parent from whom they are seeking support.
How Long Do You Have to Pay Child Support in BC?
In British Columbia, child support usually continues until a child turns 19, the legal age of majority. However, this isn’t always the end of the obligation. Support may continue if the child is still dependent, such as when pursuing full-time post-secondary education or living with a disability. A fact sheet from the government or legal counsel can help clarify your specific obligations.
Child support duration depends on various factors, including the child’s ability to support themselves and what’s outlined in a court order or agreement. If your child is still living at home, studying, or unable to meet their basic needs, child support may legally continue. It’s essential to remember that child support is a legal responsibility, and any changes must be made through the proper legal process.
How Much Support Is Paid for a Child Over the Age of Majority?
If the court finds that an adult child is still a “child” or a “child of the marriage” for support purposes, the court must then determine the amount of support to be paid. Section 3(2) of the Federal Child Support Guidelines specifies how to determine the amount of child support for a child who is over the age of 19:
3 (2) Unless otherwise provided under these Guidelines, where a child to whom a child support order relates is the age of majority or over, the amount of the child support order is
(a) the amount determined by applying these Guidelines as if the child were under the age of majority; or
(b) If the court considers that approach to be inappropriate, the amount that it considers appropriate, having regard to the condition, means, needs, and other circumstances of the child and the financial ability of each spouse to contribute to the support of the child.
What that means is that the court can order the table amount, or, under Section 3(2)(b), the court can exercise its discretion to order child support in a lesser amount. Whether the child is still living at home while attending school is a significant factor here.
Bear in mind that the court can also order proportionate sharing of a child’s post-secondary education expenses in addition to basic child support. Expenses include reasonable costs for tuition, textbooks, accommodation, and food. An adult child has an obligation to their own expenses; therefore, the court will deduct any contribution from the child before ordering the sharing of expenses in proportion to the paying parents’ incomes.
Need Advice on Continuing or Ending Child Support in BC?
Navigating child support for a child over the age of majority can be complex and unpredictable, but the right legal guidance can make the process clearer and less stressful. Whether you want to apply for support for your adult child or officially end child support payments in BC, an experienced family lawyer can help you understand your rights, avoid costly mistakes, and protect your financial interests. Take control of your situation by seeking a skilled legal professional today for personalized advice and a clear path forward.
Are you unsure when child support ends in BC? At Onyx Law Group, our family lawyers have over a decade of experience guiding parents through complex child support laws with clarity and confidence. We combine in-depth legal knowledge with a personalized approach to ensure you understand your rights, responsibilities, and options. Reach out today or call us to get trusted advice and strong representation tailored to your family’s needs.
Frequently Asked Questions
Understanding when child support ends in BC can be complex, as it depends on factors like age, education, and financial independence. This FAQ section breaks down the key rules and exceptions to help you navigate your obligations.
What Factors Influence How Long Child Support Lasts?
The length of child support is determined based on factors like the child’s age, state laws, custody arrangements, and whether the child has special needs or is still in school.
When Do Child Support Payments End In BC?
You can legally stop paying child support in British Columbia when the child reaches 19 (the age of majority) unless they still depend on you. This may occur if the child is pursuing an undergraduate degree, is disabled, or is otherwise unable to support themselves; in such cases, support may continue past age 19.
Do You Still Have to Pay Arrears After Child Support Ends?
Yes. Even after child support officially ends, you still must pay any unpaid arrears in British Columbia, and enforcement can continue until the debt is cleared (and interest continues to accrue) unless a court orders a reduction or cancellation under special circumstances.
Does Child Support Automatically Stop at 19 in BC?
No. In British Columbia, child support doesn’t automatically end when the child reaches age 19. It usually continues until then, but may be extended if the child remains dependent due to full-time education, illness, disability, or other valid reasons.
Do I Need a Court Order to Stop Paying Child Support?
In British Columbia, if there’s an existing written agreement or court order, a parent must continue paying child support as directed until it is formally modified or cancelled, either through a mutual written agreement filed with the court or by obtaining a court order to change or end the obligation.
If there’s no formal order or agreement, there’s no legal responsibility to make payments. However, once support is ordered, it becomes a legal responsibility and remains in force until legally changed.
Is Child Support Taxable in Canada?
No. In Canada, child support payments are not taxable for the recipient and not tax-deductible for the payer, as per federal tax law.
Can Child Support End if the Child Gets a Job?
Even if your child gets a job, child support in British Columbia generally continues unless the child is no longer deemed financially dependent. If they’re still in full-time school, have a disability, or can’t afford their basic needs like food, housing, or medical care, they’re still considered dependent, so your support obligation likely remains.
How Do I Find Out When My Child Support Ends?
You can determine when your child support ends by reviewing your court order or separation agreement and considering whether your child still qualifies as a “child of the marriage” under the Divorce Act or the Family Law Act, taking into account factors such as age, education, and dependency.
Do You Have to Pay Child Support After 18 in Canada?
Yes, in Canada, you may still have a child support obligation after age 18 if the child remains in their parents’ charge, such as by being in full-time school, living at home, or being unable to meet their needs due to illness or disability.
Does Child Support Continue Through College in Canada?
Yes, in Canada, parents may be required to continue to support their children through college or university if the child remains dependent due to full-time post-secondary education. This obligation depends on the specific circumstances and applicable law.
Do You Have to Pay Child Support if Your Child Is Not in School?
If your child is not in school, you may still have to pay child support if they are not financially independent and able to meet their basic needs. This can include situations where they are disabled, unable to work, or otherwise dependent on parental support.
Do I Have to Pay Child Support if My Child Goes to University?
You may still be required to pay child support if your child attends university, so long as they can’t support themselves with their basic needs.