Is Child Support Over if They are Over 18? The Answer May Surprise You

You love your children, and would do anything for them. After the divorce, you paid not only the minimum support according to the separation agreement, but also for a lot of extras, knowing that kids grow up so fast…and when they do, they’ll be responsible for making their own way in the world.

Or will they?

The phenomenon of adult children remaining dependent on their parents longer has also extended to family and divorce law in Ontario. When paying child support, you are required not only to make base payments, but also to help cover the cost of certain activities your children were involved with before the divorce, including university, even if they are over 18.

Child Support for Adult Children

The amount of base child support payable can be calculated by referencing the Government of Canada’s Child Support Tables. When an expense is deemed “special or extraordinary”, such as college tuition, both parents must contribute to the cost according to their incomes. For example, parents with identical incomes would each contribute half the college fees. If the parents have shared or split custody, the support amount might be lower.

Extraordinary Expenses

“Special and extraordinary” child care expenses fall into four main categories:

• Child care, so the parent who mostly takes care of the child can attend work or school
• Medical or health expenses
• Some educational expenses, including post-secondary education
• Some extracurricular activities

To qualify as special or extraordinary, the expenses have to be reasonable based on the parents’ ability to pay, and the child’s needs. Each case is assessed individually. This is designed to help make sure that the child’s needs continue to be met once the relationship is over.

How Long Should You Pay Child Support for Adult Children?

Child support for adult children must be paid for as long as the child continues to be legally considered a “child”. This definition doesn’t rely strictly on age, but is based on whether a child is financially dependent upon his parents. For example, a university student living away from home, or an adult child with a serious disability, could continue to qualify as a “child” even after turning 18.

The Bottom Line

Even if your children are over 18, as far as the Divorce Act is concerned, they remain “children of the marriage” as long as they are enrolled in school full time. The issue then becomes whether your base support payment amount will be reduced, and by how much. If you are paying a portion of your children’s post-secondary tuition and housing costs, you may not have enough left over to maintain regular child support payments; nor should you, since your children aren’t home for most of the year.

In order to end your child support obligations, the court must issue a new order. The process is complicated; your best bet is to seek advice from an experienced family lawyer.