Do Adult Children Have a Right to Child Support?
- Shayla Domin
- Oct 18, 2024
- 3 min read
Child support is a legal right intended to benefit children by ensuring their financial needs are met by their parents, and courts uphold this right strictly, particularly for younger children. However, determining whether child support continues when a child turns 18 or older can be more complex. This blog will explore the circumstances under which adult children may still be entitled to support and provide key considerations for those wondering whether their child support obligations extend beyond their child's 18th birthday.
Legal Framework for Child Support After Age 18
Under Alberta’s Family Law Act, child support generally applies to children under 18 years old. However, children over 18 may still be eligible for child support if they cannot support themselves due to specific circumstances such as:
(a) illness;
(b) disability;
(c) being a full-time student as determined in accordance with the prescribed guidelines, or
(d) other cause
The two-step test the court uses to determine the child’s eligibility for child support is:
Can the child withdraw from their parents’ care to meet their basic needs?
If not, what is the reason for their continued dependence?
In cases where the child is 18 years or older, the parent seeking child support must demonstrate that the child is not self-sufficient. Simply residing with a parent does not automatically entitle the adult child to continued support from the other parent. The court will look beyond lifestyle choices and consider whether the child has a legitimate inability to be financially independent.
Child Support and Full-Time Students
Adult children who are full-time students may still be eligible for child support. The Alberta Child Support Guidelines define a full-time student as a person who is enrolled in a course or courses that constitute a full-time program of study during an academic term.
In these cases, the court evaluates whether the adult child is truly dependent or self-sufficient based on the specifics of their program. The hours worked, wages earned, and whether the child can cover their living expenses while studying are all factors considered in determining entitlement to child support.
Case Example: Crawford v Inkster, 2024 ABKB 122
In Crawford v Inkster, 2024 ABKB 122, the court examined whether a child enrolled in a mechanic apprenticeship program was entitled to child support. The child, who turned 18 years old in 2022, alternated between two months of full-time study and ten months of full-time work each year. During the work terms, the child earned $18 per hour, which equated to approximately $30,000 annually.
The mother, with whom the child resided, argued that the father should continue paying child support because the child was not fully independent. The father, however, contended that the child’s full-time employment making $18 per hour rendered him self-sufficient.
The court's decision was based on several key factors:
The child’s full-time employment during the work terms resulted in an income of nearly $29,700 annually;
Being an apprenticeship student, the child was eligible for Employment Insurance for the school component of his programs, providing an additional $2,970 annually.
The mother paid for the child’s living expenses, including shelter, food, and transportation while the child lived with the mother.
The court found that the adult child was self-sufficient and ruled that the adult child was not entitled to child support as he was capable of being financially self-sufficient without child support from his parents.
Key Takeaways for Parents
If your child is over 18, whether or not you are required to continue paying child support will depend on their ability to be self-sufficient. Factors such as full-time education, employment, and financial need all play critical roles in the court's decision-making process. Each case is unique, and courts will look closely at the individual circumstances surrounding the adult child's financial situation.
If you have questions about your child support obligations for an adult child, it is essential to consult legal advice to understand your rights and responsibilities. To find out more information about your current situation, contact Stokes Law to book a free consultation to speak with one of our experienced lawyers.
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