Child support is the right of the child in British Columbia. People often ask our MacLean Law child support lawyers “how long do I have to pay child support?” We advise them that if they are obliged to pay BC child support as a parent, or as a step parent, then their obligation will last at least until their child turns 19 in BC. We also tell them they will likely pay support past 19 years of age for their child if their child, or step child goes on to post secondary education.
Issues concerning support for children over the age of majority in BC can involve:
- what contribution the adult child and each parent can make;
- what other financial resources are available;
- how realistic the adult child’s educational plan is;
- the adult child’s academic performance and how long the child has taken to date in school;
- whether the child lives at home or away at a city where their post secondary educational institution is located; and
- rarely, the relationship between paying parent and child.
At what point should children be encouraged to begin to learn self sufficiency skills and start to learn to take their first steps to learn how to support themselves?
How do we balance a child learning to contribute to at least some of their living and educational expenses while ensuring we do not distract them from their studies so they do not succeed in obtaining the skills they will need to support themselves in developing a successful career?
The recent BC Supreme Court decision of Bobyn v. Bobyn reviewed the law on BC child support for adult children over the age of majority. The judge ordered support for the child to continue while she was attending Okanagan College noting how the marriage breakdown hurt her and how her strained relationship with her father impacted her:
…..It is hardly surprising that Jenna struggled in high school. Without her father’s negativity, she has, through hard work, enjoyed success at OC. She has legitimate, very reasonable and attainable goals.
……[62] I am further persuaded that it has been and remains appropriate for Jenna’s educational pursuits to be financed by her parents. Jenna contributes to her own support through part-time work while attending school, but is clearly unable to meet her educational and living expenses on her own
What Is The Test For Deciding BC Child Support For A Child Over The Age Of Majority?
The learned trial judge gave a very thorough analysis of what the test is and also dealt with cases where child support was being asked for when the child had a poor relationship with the paying parent.
[37] Section 2(1) of the DA defines “child of the marriage” 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;
[38] Once a child reaches the age of majority, the presumption is that he or she is no longer a child of the marriage. Once the age of majority is reached, the party seeking child support bears the onus of proving the child remains a “child of the marriage”: Olson v. Olson, 2003 ABCA 56; Nitchie v. Nitchie, 2014 BCSC 468 at para. 18.
[39] The pursuit of education necessary to equip the child with a career qualifies as “other cause” for continued dependence of a child of the age of majority or over: W.P.N. v. B.J.N., 2005 BCCA 7; Nordeen v. Nordeen, 2013 BCCA 178 at para. 15.
[40] In W.P.N. v. B.J.N., Levine J.A. summarized this general proposition at para. 18:
[18] The pursuit of education necessary to equip a child with a career qualifies as “other cause” for continuing dependence of a child of or over the age of majority: Martin v. Martin (1988), 26 B.C.L.R. (2d) 390 at 393 (C.A.). In determining whether a child pursuing an education is unable to withdraw from her parents’ charge or obtain the necessaries of life a court must consider the surrounding circumstances; mere attendance at an educational institution is not sufficient: Ciardullo v. Ciardullo (1995), 15 R.F.L. (4th) 121 at para. 17 (B.C.S.C.).
[41] In determining whether pursuit of education is a valid reason for continued dependence, a court must consider two complex and value-laden questions. The first is whether, considering all of the child’s circumstances, the child’s educational pursuits are reasonable. If so, the court must next consider whether it is appropriate that the pursuits be financed by the parents: Nordeen at para. 16.
[42] In Farden v. Farden, 48 R.F.L. (3d) 60 at 64-65, Master Joyce set out a list of eight factors that may assist a court in making these determinations:
1. Whether the child is in fact enrolled in a course of studies and whether it is a full-time or part-time course of studies;
2. Whether or not the child has applied for or is eligible for student loans or other financial assistance;
3. The career plans of the child, i.e. whether the child has some reasonable and appropriate plan or is simply going to college because there is nothing better to do;
4. The ability of the child to contribute to his own support through part-time employment;
5. The age of the child;
6. The child’s past academic performance, and whether the child is demonstrating success in the chosen course of studies;
7. What plans the parents made for the education of their children, particularly where those were plans were made during cohabitation; and
8. At least in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.
[43] Of course, as is often emphasized, the Farden factors are neither a checklist nor a set of statutorily mandated criteria. Rather, they are considerations for the court in assessing whether the child’s situation is consistent with the definition of “child of the marriage” in the DA: Nordeen at para. 17.
We would be pleased to meet with you to go over the specific facts of your BC adult child support case. Our skilled lawyers act across BC from offices located in downtown Vancouver, Kelowna, Surrey and Fort St John, BC. Call us toll free 1-877-602-9900.
