Adult Over Age of Majority Child Support cases can be tricky. You want your child to have their best chance of success as an adult and to get the best education they can. But at some point adult children need to fly the nest and support themselves. Some parents come to us in cases involving perpetual students? They ask: Am I still on the hook for child support? In today’s blog, we provide guidance on the issue Adult Over Age of Majority Child Support from Vancouver family lawyer Eleanor Surajballi.
Vancouver Adult Over Age of Majority Child Support 1 877 602 9900
Generally, each parent and guardian of a child has a duty to provide support for their child(ren)
unless the child is a spouse or is under 19 years of age and has voluntarily withdrawn from their
parents’ or guardians’ charge except if the child withdrew of family violence or because the
child’s circumstances were, considered objectively, intolerable.
A child who is over the age of majority, that is, 19 (BC) or older, may still be dependent if they cannot support themselves because they:
- have a disability or illness, or
- are going to school full-time.
However, once an adult child (over the age of 19 in BC) fails to satisfy this threshold for entitlement, a parent or guardian can apply to court to vary an order for child support under either the Family Law Act or the Divorce Act. Often times, children
who are pursuing post secondary education will be viewed as Children who can not voluntarily
withdraw from their parents. But, what happens if you have a perpetual student for a child? If an
Order for child support is made, and you have adult children pursuing multiple degrees, the Courts
have discretion on whether to order that Child support continue, or that it be terminated.
Surrey Adult Over Age of Majority Child Support
In coming to this determination, the Courts can consider either section 152 of the Family Law Act or section 17(4) of the Divorce Act.
Section 152 of the Family Law Act states:
A court may change, suspend or terminate an
order respecting child support prospectively or retroactively. Before doing so, the Court must
be satisfied that at least one of the following exists and must take it into consideration:
(a)a change in circumstances, as provided for in the child support guidelines, has occurred since the order respecting child support was made;
(b)evidence of a substantial nature that was not available during the previous hearing has become available;
(c)evidence of a lack of financial disclosure by a party was discovered after the last order was made.
Kelowna Adult Over Age of Majority Child Support 1 877 602 9900
Section 17(4) of the Divorce Act states that:
- prior to making an order varying child support, the courts shall satisfy itself that a change of circumstances as provided for in the applicable guidelines has occurred since the making of the child support order or the last variation order made in respect of that order.
- Consideration of the Guidelines, sheds light on what constitutes a change of circumstances that gives rise to the making of a variation order in respect of a child support order
a. in the case where the amount of child support includes a determination made in accordance with the applicable table, any change in circumstances that would result in a different child support order or any provision thereof;
b. in the case where the amount of child support does not include a determination made in accordance with a table, any change in the condition, means, needs or other circumstances of either spouse or of any child who is entitled to support…
What Is The Test The Court Uses? 1 877 602 9900
The question in Adult Over Age of Majority Child Support cases then becomes, what would the Courts consider to be a “material change in circumstance”. Case law have provided some guidance on this front. A change will be a material change if known at the time, would likely have resulted in different terms. Once a child reaches the age of 19 the court can review if the child is still dependent for post secondary education purposes.
If the matter which is relied on as constituting a change was known at the relevant time it thus cannot be relied on as the basis for variation. Case law also provides guidance to the Courts when considering whether post-secondary education is a valid reason for continued support. Some of these factors are:
a. whether the child is studying on a part-time or full-time basis;
b. whether the child has applied for, or is eligible for, student loans or other financial assistance
c. whether the child’s career plans are reasonable and appropriate;
d. the child’s ability to contribute to their own support through part-time employment;
e. the child’s age and whether this is a first or second degree;
f. the child’s past academic performance and whether the child is demonstrating success in the chosen course of studies;
g. the parents’ plans for the education of their children, particularly where those plans were made during cohabitation; and
h. in the case of a mature child who has reached the age of majority, whether the child has unilaterally terminated the relationship with the parent from whom support is sought.
The court will also look at things like:
- How much can the child contribute to their expenses?
- If the child is studying away from home, how many months are they not living with a parent? and
- What is their budget?
For a general analysis of issues that arise in this cases read Nick Bala’s article.
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If you have questions concerning an Adult Over Age of Majority Child Support case, contact our lawyers across BC, in Calgary and in downtown Toronto.
