By Millad Ossudallah, Family Lawyer at Crossroads Law, Vancouver
If you're paying or receiving child support, you may be wondering: when does it actually end? The answer may not be as straightforward as you think, especially if your child is nearing adulthood, attending university, or has a disability.
In Canada, the rules around child support depend on whether the child is considered a "child of the marriage." This legal term affects when support starts—and when it stops. Here’s what you need to know.
What is a ‘Child of the Marriage’?
The term child of the marriage comes from the Divorce Act, which applies to married couples in Canada who are separated or divorced. Under this Act, whether a child is entitled to support depends on whether they qualify as a child of the marriage.
Specifically, under section 2 of the Act, a child is considered a child of the marriage if they are:
- Under the age of majority (which is 19 in B.C.) and still dependent on their parents.
- Or, over the age of majority but unable to live independently because of illness, disability, or other reasons.
In other words, turning 19 doesn’t automatically end child support. If a child is still dependent on their parents—because they’re in school, living with a disability, or not yet financially independent—support may still be required. Every situation is different, and whether a child qualifies as a child of the marriage ultimately depends on the facts of each case.
Do the Same Child Support Laws Apply If You're Not Married?
If the parents were never married (or are married but not divorced), the BC Family Law Act (the “FLA”) would apply. The FLA has similar rules to the Divorce Act and defines a “child” as someone who is 19 or older but still dependent on a parent due to illness, disability, or another valid reason.
Both laws say that a parent’s duty to support their child continues until the child can support themselves – though support may end earlier if the child becomes financially independent or is no longer in the parent’s care.
Is a Child Attending University Still Eligible for Child Support?
Often, yes. Attending post-secondary education is one of those “other reasons” a child may still be considered dependent.
In the leading case of Farden v Farden, the court listed several factors to help determine whether a university student is still a child of the marriage. These “Farden factors” include:
- The age of the child.
- Whether the child is enrolled in full or part-time studies.
- Whether the child has applied for or is eligible for student loans or other financial assistance.
- Whether the child has a reasonable plan for their education or is enrolled simply for lack of other options.
- Whether the child is able to contribute to their own support by working part-time.
- The child’s academic performance, including whether they’re demonstrating success in their studies.
- What education plans the parents made for their child, especially during the time they lived together.
- For older, more mature children, whether they still have a relationship with the parent being asked to pay support, or if the child has chosen to cut off contact.
While these factors aren’t used to determine whether a child qualifies as a child of the marriage, they are considered by the court when deciding whether support should continue during post-secondary education.
Does Child Support Still Apply If the Child Lives Away from Home?
Even if a child lives away from home to attend school, child support doesn’t automatically end. Under the Federal Child Support Guidelines (the “Guidelines”), there is a presumptive rule that parents will continue to pay child support until their child reaches the age of majority.
This presumption was affirmed in Bockhold v. Bockhold, where the court of appeal found that a child attending university away from home was still eligible for support. In that case, the child returned home during holidays, and the parent receiving support maintained a home for that reason.
Again, whether a child qualifies as a child of the marriage depends on the unique facts of each case. If the child is 19 or older and living away from home, the court has discretion to adjust the amount of support. This discretion is set out in section 3(2)(b) of the Guidelines and requires the court to consider both the child’s needs and the financial circumstances of the parents when making these decisions.
Does Child Support Still Apply if a Child Has a Disability or Illness?
If a child over 19 can’t support themselves due to illness or disability, child support may still need to continue. Ultimately, it’s the responsibility of the parent seeking support to prove, on a balance of probabilities, that the adult child still qualifies as a child of the marriage and to provide evidence showing why support is still necessary.
This includes demonstrating that the child’s condition—whether a diagnosis, illness, disability, or other recognized impairment—prevents them from becoming self-sufficient. Relevant evidence may include:
- Medical records
- Expert reports
- And other documentation showing the nature and impact of the condition
The court will also consider:
- Whether the child can work.
- How severe the disability is.
- And, whether the child can afford basic living needs without help.
These decisions are highly fact-specific, and the court has broad discretion. In some cases, it may accept evidence of a disability without expert confirmation, depending on the circumstances.
Determining whether a child still qualifies for child support can be quite complicated. Every case is different, and the outcome depends on the specific facts and evidence involved.
If you’re unsure whether your child still qualifies as a child of the marriage, we can help. Our legal coaches are highly experienced and have a solid understanding of the legal tests involved. They can guide you through the rules of evidence, help you identify the right documentation to prepare, and support you in presenting your case effectively in court. Book your free 20-minute consultation today to get guidance on your next steps and learn how we can help you move forward with confidence.
