1. Does Child Support Automatically End at Age 18?

2. Why Can Child Support Continue After Age 18?

3. Child Support and Post-Secondary Education

4. What If the Child Lives Away From Home for School?

5. Post-Secondary Expenses

6. Does Support Continue Through an Entire University Degree?

7. What If a Child Takes a Break From School?

8. When Is an Adult Child Financially Independent?

9. Adult Children With an Illness or Disability

10. Can You Just Stop Paying Child Support?

11. What If Support Is Registered With MEP?

12. What If Both Parents Agree Support Should End?

13. Can Child Support Change Instead of Ending?

14. When Should Parents Review Child Support?

15. How Bridgestone Law Can Help

Introduction

Many parents assume that child support automatically ends when a child turns 18. In Alberta, that is not necessarily the case.

Although 18 is the age of majority, child support may continue if an adult child remains dependent on their parents. This commonly occurs when a child is attending post-secondary school full-time or is unable to become financially independent because of illness, disability or another circumstance.

Under Alberta's Family Law Act, support may continue for an adult child who remains under their parents' charge and is unable to withdraw from that charge or obtain the necessities of life because of illness, disability, full-time studies or another cause. For parents who are divorced or divorcing, the federal Divorce Act also recognizes that support may continue after the age of majority in appropriate circumstances.

As a result, there is no universal age when child support automatically ends in Alberta.

Instead, the answer depends on the child's circumstances, including their education, employment, financial independence, health and living arrangements. The wording of an existing child support order or agreement can also be important.

Does Child Support Automatically End at Age 18?

No. Turning 18 does not necessarily end a parent's child support obligation.

The important question is whether the child continues to qualify for support.

For example, consider an 18-year-old who graduates from high school and immediately begins university full-time. The child continues living with one parent, works occasionally on weekends and relies on their parents for housing, food, tuition and other expenses.

Although the child is legally an adult, they may remain financially dependent and continue to qualify for child support.

Compare this with an 18-year-old who graduates, obtains permanent full-time employment, moves into their own apartment and pays their own expenses. Those circumstances may provide a much stronger basis for ending support.

A child's 18th birthday should therefore be viewed as an opportunity to review child support, rather than an automatic termination date.

Why Can Child Support Continue After Age 18?

One of the most common reasons child support continues into adulthood is post-secondary education.

However, support may also continue when an adult child cannot become financially independent because of:

• a physical disability;

• a mental or psychological disability;

• a serious or ongoing illness; or

• another circumstance that prevents the child from withdrawing from parental care.

There is no single maximum age that applies to every adult child support case.

For some children, support may end shortly after high school. For others, it may continue through a reasonable period of post-secondary education. For a child who cannot become financially independent because of illness or disability, support may continue much longer.

Child Support and Post-Secondary Education

Post-secondary education is often the most complicated area of adult child support.

A child attending university, college, technical school or another educational program may continue to depend on their parents. However, simply enrolling in school does not automatically guarantee ongoing support.

Relevant circumstances may include:

• whether the child attends school full-time or part-time;

• the nature and length of the program;

• whether the child is making reasonable progress;

• whether the child lives at home or away;

• the child's employment income;

• scholarships, bursaries and grants;

• the child's ability to contribute toward their expenses; and

• the financial circumstances of the parents.

For example, an 18-year-old who moves directly from high school into a full-time four-year degree may remain dependent.

A 23-year-old who works full-time while taking one evening course may be in a very different position.

The fact that both are technically attending school does not mean that their entitlement to child support will necessarily be the same.

What If the Child Lives Away From Home for School?

Moving away for university or college does not necessarily make a child financially independent.

A student may live in residence for eight months of the year but return to a parent's home during holidays and summer. The child may also continue relying on their parents for tuition, housing, food and transportation.

However, moving away can affect how child support is calculated.

Suppose a child previously lived full-time with their mother and the father paid monthly table child support. After high school, the child moves from Calgary to Edmonton for university and lives in residence during the school year.

The child's expenses now include residence fees, tuition, textbooks and a meal plan. At the same time, the expenses incurred in the mother's household may change while the child is away.

The parents may therefore need to reconsider both regular monthly child support and responsibility for post-secondary expenses.

Post-Secondary Expenses

Post-secondary education expenses may also qualify as special or extraordinary expenses under the Federal Child Support Guidelines, commonly referred to as section 7 expenses.

Parents may need to determine:

1. whether regular child support should continue;

2. which educational expenses are reasonable;

3. how much the child should contribute; and

4. how the remaining expenses should be divided between the parents.

The child's financial resources may include employment income, scholarships, grants, RESPs, student loans or savings.

Adult child support is therefore not always as simple as continuing the same monthly amount that was paid while the child was a minor.

Does Support Continue Through an Entire University Degree?

It can, but there is no automatic rule requiring parents to pay support for a particular number of years or until a particular degree is completed.

Questions can arise when a child:

• changes programs;

• takes an extended break;

• studies only part-time;

• takes considerably longer than expected to graduate;

• completes one degree and begins another; or

• works substantial hours while attending school.

A reasonable change in educational direction does not necessarily end support. Young adults sometimes change programs or require additional time to complete their education.

However, circumstances may be viewed differently where an adult child repeatedly enrols in programs without making meaningful progress despite being capable of working and becoming independent.

Each situation must be considered individually.

What If a Child Takes a Break From School?

A temporary interruption in education does not necessarily mean child support immediately ends.

A child may take time away because of illness, financial difficulties, uncertainty about their program or another legitimate reason.

For example, a 19-year-old who takes one semester away for medical reasons and intends to return to full-time studies may still be substantially dependent on their parents.

That situation is different from an adult child who permanently leaves school, begins working full-time and becomes financially self-sufficient.

The reason for the interruption and the child's overall circumstances matter.

When Is an Adult Child Financially Independent?

Financial independence can be an important indication that child support should end.

However, earning some income does not necessarily make a child independent.

Many university students work evenings, weekends or during the summer. Those earnings may help with expenses without being enough to support the child entirely.

Indicators that a child may have become financially independent can include:

• obtaining permanent full-time employment;

• earning enough to meet their ordinary living expenses;

• maintaining their own residence;

• paying their own housing, food and transportation costs;

• leaving school without plans to return; and

• otherwise establishing an independent adult life.

For example, a child may attend university from 18 to 22 while remaining dependent on both parents. After graduation, the child obtains permanent full-time employment, earns sufficient income and moves into their own apartment.

Those circumstances may provide a strong basis for ending support.

The important factor is not simply that the child has reached 22. It is that the child's circumstances have changed and they have become financially independent.

Adult Children With an Illness or Disability

Post-secondary education is not the only reason child support may continue well beyond age 18.

An adult child may remain dependent because an illness or disability prevents them from becoming financially self-sufficient.

These cases may require consideration of the child's:

• ability to work;

• employment income;

• government or disability benefits;

• living arrangements;

• medical and treatment expenses;

• caregiving requirements; and

• other financial needs and resources.

The existence of disability or government benefits does not necessarily mean that parental support automatically ends.

Because there may be no obvious point when dependency will cease, adult child support involving illness or disability can require a particularly careful assessment.

Can You Just Stop Paying Child Support?

A parent should be cautious about simply stopping payments because they believe their child is no longer entitled to support.

The first step should be to review the existing court order or agreement.

Some orders or agreements contain a specific termination event. Others provide that support continues while the child remains entitled under the applicable legislation.

If the parents disagree about whether support should end, the issue may need to be addressed through negotiation, an updated agreement or an application to vary or terminate the existing order.

Simply stopping payments can create a risk of child support arrears if the obligation remains legally enforceable.

For example, suppose a father stops paying support immediately after his daughter graduates from high school because she has started working.

The mother says the employment is temporary and their daughter will begin full-time university in September.

Whether support should ultimately continue will depend on the circumstances. However, stopping payments without first addressing the existing order may create unnecessary arrears and enforcement issues.

What If Support Is Registered With MEP?

If child support is registered with Alberta's Maintenance Enforcement Program (MEP), parents should also consider how the existing support obligation is being enforced.

A parent should not assume that MEP will automatically stop enforcing support simply because a child turns 18.

The wording of the order and the circumstances of the child may affect what happens next.

There can also be a distinction between MEP's administration and enforcement of an obligation and the underlying legal question of whether an adult child remains entitled to support.

If there is disagreement about whether support should continue, legal advice may be necessary to determine whether the existing obligation should be formally varied or terminated.

What If Both Parents Agree Support Should End?

If both parents agree that the child has become independent, resolving the issue may be considerably easier.

For example, the child may have completed university, obtained permanent employment and moved into their own residence.

However, parents should still review whether child support is contained in a court order or enforceable agreement.

A verbal understanding may not properly terminate an existing legal obligation. It may be appropriate to document the change and take any necessary steps to update the order, agreement or enforcement arrangement.

Can Child Support Change Instead of Ending?

Yes.

Sometimes the appropriate result is not to end support entirely but to change the amount.

This commonly arises when a child begins post-secondary education.

A child may move away for school, receive scholarships, begin working part-time or contribute toward their own expenses. Their costs may also shift toward tuition, residence and other educational expenses.

The existing child support arrangement may therefore need to be reviewed to determine whether regular support should continue at the same amount and how post-secondary expenses should be shared.

When Should Parents Review Child Support?

Parents may wish to review their child support arrangements when the child:

• approaches age 18;

• graduates from high school;

• begins post-secondary education;

• moves away for school;

• changes to part-time studies;

• takes an extended break from school;

• graduates from a post-secondary program;

• obtains permanent full-time employment;

• becomes financially independent; or

• experiences a significant change related to illness or disability.

Addressing these changes promptly can help avoid misunderstandings and disputes about arrears.

How Bridgestone Law Can Help

There is no single answer to the question, "When does child support end in Alberta?"

For one family, support may end when a child finishes high school and enters the workforce. For another, it may continue while the child completes post-secondary education. For an adult child with an illness or disability, dependency may continue much longer.

At Bridgestone Law, our Calgary family lawyers can help you determine how the law applies to your family's circumstances.

We can assist with:

• child support after age 18;

• adult children attending post-secondary school;

• determining whether a child has become financially independent;

• post-secondary and section 7 expenses;

• adult children with illnesses or disabilities;

• reviewing existing court orders and separation agreements;

• negotiating changes to child support;

• applications to vary or terminate support;

• child support arrears; and

• issues involving Alberta's Maintenance Enforcement Program.

Whether you pay or receive child support, it is important not to assume that support automatically ends when a child turns 18.

If your child is approaching adulthood, graduating, attending post-secondary school or becoming financially independent, Bridgestone Law can help you review your existing arrangements and determine the appropriate next steps.