Child Support for Adult Children and Post-Secondary Students in BC

Support Does Not Switch off at 19

In British Columbia the age of majority is 19 (Age of Majority Act), and many parents assume child support ends on that birthday. It does not, at least not automatically. Both federal and provincial law extend child support over 19 in BC where an adult child cannot yet support themselves, most often because of post-secondary education, illness or disability. We have written about how a BC Supreme Court judge actually decided one of these cases, including for a part-time student, in our post on child support for adult children in BC. Read it alongside this page: the post walks through a real decision, while this page explains the legal framework and how we help.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we serve clients in English and Punjabi. We act for parents who pay, parents who receive, and sometimes for the adult children caught in the middle. For the fundamentals of how support works at any age, start with our child support services and our complete child support guide.

Two Definitions, One Idea

Under the Divorce Act, support is owed for a "child of the marriage." Section 2(1) defines that as a child of two spouses or former spouses who is under the age of majority and has not withdrawn from their charge, or who is at or over the age of majority but remains under their charge and is unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life. The definition also reaches children for whom a spouse stands in the place of a parent (s. 2(2)).

The Family Law Act takes the same approach for BC orders and agreements. In Part 7, "child" includes a person who is 19 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 (s. 146). Each parent has a duty to provide support for their child, with narrow exceptions, such as a child who is a spouse or a child under 19 who has voluntarily withdrawn from the parents' charge for reasons other than family violence or intolerable circumstances (s. 147).

The phrase "other cause" and the words "another reason" are where post-secondary education lives. Neither statute names university or college, but continued education is the everyday example of a reason an adult child cannot yet withdraw from their parents' charge.

Post-secondary in Practice

There is no automatic rule that support runs to the end of a first degree, and no automatic cut-off when studies start. Whether an adult student remains entitled generally comes down to whether their situation still fits the definitions above, and the answers tend to be fact-heavy: the program being pursued, how the child is doing in it, what the education costs, what the child can reasonably contribute from earnings, savings, scholarships and loans, and what each parent can afford. Health issues can change the picture, as our post on adult children shows.

The money side has two layers. The Federal Child Support Guidelines say that for a child at or over the age of majority, the amount is the usual Guidelines amount, or, if the court considers that approach inappropriate, the amount it considers appropriate having regard to the condition, means, needs and other circumstances of the child and each spouse's financial ability to contribute (s. 3(2)). Separately, expenses for post-secondary education can be claimed as special expenses (s. 7(1)(e)), which are shared in proportion to the parents' incomes after deducting any contribution from the child (s. 7(2)). In other words, for an adult child in school the structure itself can change, not just the number. Use the resources on our calculators and tools page as a starting point, then get advice on which structure fits.

When Support Ends

Support for an adult child ends when the child no longer meets the definition, not on a fixed date. Finishing or abandoning studies, becoming self-supporting, or a change in health can all end entitlement, and some orders and agreements say expressly when payments stop. Until the order or agreement is properly changed or has run out by its own terms, though, it remains enforceable, so a paying parent should not simply stop when a child turns 19 or graduates. If support should have ended earlier, or continued and did not, back adjustments may be in play; see our guide to retroactive child support. Because these cases turn on financial detail, complete and current disclosure from both parents, and often from the child, does most of the work; our post on the importance of disclosure explains why.

Frequently Asked Questions

Does Child Support Automatically End at 19 in BC?

No. Both the Divorce Act and the Family Law Act extend support past the age of majority for a child who cannot obtain the necessaries of life or withdraw from their parents' charge because of illness, disability or another cause, and continued education is the most common example. Whether a particular child still qualifies depends on the facts.

Does My Child Have to Be a Full-time Student to Get Support?

Not necessarily. The statutes do not set a course-load requirement; the question is whether the child remains unable to withdraw from their parents' charge. Courts look at the whole picture, including health and capacity. Our post on adult children discusses a decision where a reduced course load did not end entitlement.

How Is Support Calculated for a Child over 19?

Two ways are possible under section 3(2) of the Guidelines: the usual table-based approach, or, where the court considers that inappropriate, an amount based on the child's condition, means and needs and each parent's ability to contribute. Post-secondary costs themselves can also be shared as section 7 expenses, in proportion to the parents' incomes after the child's own contribution.

Do Adult Children Have to Use Their Own Savings and Earnings First?

An adult child's resources are part of the picture: section 7(2) deducts the child's contribution before parents share an education expense, and a child's means matter under section 3(2)(b). But there is no rule that a child must be completely broke before support is payable. How much a child should contribute is one of the most argued points in these cases.

Talk to a Child Support Lawyer in Surrey for Free

If your child is finishing high school, already in college or university, or living with an illness or disability, get advice before assuming support ends or continues. The first 30 minutes with us are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.