Termination Of BC Adult Child Support is an oft asked question in our high net worth family law office. In today’s blog Gurdeep Khosa, explains cases when an adult child is no longer a child of the marriage entitled to support. Sometimes children over 19 go to university and still qualify for support and sometimes a child with a disability may remain a child for support purposes.
In cases where an adult child has a disability and cannot withdraw from their parents’ care due to their condition, child support obligations may continue beyond the age of majority which is 19 in BC. A Court will look at medical evidence and the functional capacity of the child to work.
In Szeto v. Szeto, 2025 BCSC 914, Mr. Szeto, applies under s. 17(1)(a) of the Divorce Act, R.S.C. 1985, c. 3 to cancel his child support obligations for the parties’ eldest child, Michael, and to vary the support for the parties’ second child, Christian.
Termination Of BC Adult Child Support Tel: 604 602 9000
At the date of the hearing, Michael was born in 1995 and was 29 years old and Christian was born in 1997 and was 27. Both had autism diagnoses but Christian required more support than Michael. Both lived with Ms. Lee who states they require ongoing care from her. Christian was not employable. He received a Persons with Disability (“PWD”) pension from the provincial government in the amount of $1,435 per month. Michael also applied for disability benefits some years ago but did not qualify. He has worked in a warehouse as a forklift operator and general labourer since, it appears, 2017, and contributedto the household expenses.
Issues On : Termination Of BC Adult Child Support
The questions the Court had to answer were as follows:
- Is Michael still a child of the marriage for the purposes of child support?
- Should there be any adjustment to the amount of child support for Christian and, if so, what amount should it now be set at?
- Is Mr. Szeto entitled to be credited or repaid for any past child support payments for Michael or overpayments for Christian?
Duty Of Parents To Support Children Tel: 604 602 9000
Each parent and guardian of a child has a duty to provide support for their child so long as they remain a “child of the marriage” which is defined in the Divorce Act as follows:
child of the marriage means a child of two spouses or former spouses who, at the material time,
(a) is under the age of majority and who has not withdrawn from their charge, or
(b) is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life;
Decision Of Court On Termination Of BC Adult Child Support Tel: 604 602 9000
The Court found that Michael is no longer a child of the marriage and thus child support for him should be terminated.
[29] There is a presumption that a child is no longer a child of the marriage once they reach 19. However, an adult child may remain a child of the marriage for support purposes if they are unable to withdraw from the parents’ charge or obtain the necessaries of life because of illness, disability or other reason: Divorce Act, s. 2(1) (“Child of the marriage”); Guidelines, s. 3(2); Dring v. Gheyle, 2018 BCCA 435 at para. 49. Once a child reaches the age of 19, the party applying for or seeking to continue the child support bears the onus of proving that the child is still a child of the marriage: Dring at para. 49.
[30] I find that Michael is no longer a child of the marriage. He is working close to full time if not full time and he contributes to Ms. Lee’s household expenses. The onus falls to Ms. Lee to prove that Michael is no longer a child of the marriage, which means it is incumbent on her to show that he is unable to withdraw from his parents’ care. It is clear that Michael is capable of earning an income as he has done so apparently for the last several years. While Michael may refuse to share his income information with Ms. Lee, I am doubtful that she cannot provide further information about where and how often Michael works given that they live in the same house.
The court ordered Ms. Lee repay $6,568 to Mr. Szeto for child support payments made for Michael after the date of effective notice of his intention to seek the variation. It dismissed Mr. Szeto’s application to reduce child support for Christian such that he is to continue paying support for Christian at the Guidelines amount of $1,792 per month.
If you have questions concerning your adult child support obligations call our winning team.
