Many parents are surprised to learn that in Alberta, child support does not always end when a child turns 18. If an adult child is still dependent because they are attending post-secondary school, support may continue under both the federal Divorce Act and Alberta’s Family Law Act.
If you are supporting a young adult in college, university, or another training program, understanding how child support works can help you plan and avoid conflict. Verhaeghe Law’s Edmonton child support lawyers regularly assist parents with questions about support for adult children in school.
When Is An Adult Child Still Entitled To Support?
Under the Divorce Act, a “child of the marriage” can include an adult who is unable to withdraw from the care of their parents because of illness, disability, or another cause, such as full-time education. Alberta’s Family Law Act similarly allows support for adult children who are still dependent.
Courts look at the overall circumstances, including:
- Whether the child is enrolled in a reasonable post-secondary program and is making genuine efforts to succeed
- The child’s age, career plans, and how many years of schooling may be required
- The child’s ability to contribute through savings, scholarships, loans, or part-time work
- Each parent’s financial means and any prior agreements about education costs
The Department of Justice Canada provides general information about support for adult children, but does not replace legal advice about your specific situation.
How Amounts Are Calculated For Adult Children
The starting point for child support is usually the Federal Child Support Guidelines, which set table amounts based on the payor’s income and the number of children. For adult children in school, courts often adapt this approach and may:
- Use table amounts for children living primarily with one parent
- Consider “section 7” special or extraordinary expenses to share tuition, books, residence and other direct school costs in proportion to each parent’s income
- Adjust support where a child lives away from home during the school year but returns during breaks
The CPLEA child support rules guide outlines how the Divorce Act and Family Law Act may interact in Alberta child support cases.
How Long Does Support For Children in Post-Secondary School Last?
There is no automatic cut-off date for child support under the Divorce Act as long as the child meets the legal definition and remains dependent. Courts may limit support to a first undergraduate degree or diploma, but the outcome depends on the facts, including the child’s abilities and the family’s history and resources.
Support may be reduced or end if a child leaves school, fails to progress, or becomes financially independent. In many cases, support is revisited at milestones such as finishing one program, starting another, or entering the workforce.
If you have an existing child support order, you usually need a variation to change or terminate support. Our resources on retroactive child support and other child support issues provide helpful background on how Alberta courts approach changes over time.
When To Speak With An Edmonton Child Support Lawyer
Disagreements over adult-child support often arise around how much the child should contribute, whether a particular program is reasonable, or how many years of support are appropriate. These disputes can quickly strain relationships between parents and the young adult.
A child support lawyer can help you:
- Understand your rights and obligations under the Divorce Act and Family Law Act
- Review budgets and school plans to assess what level of support may be appropriate
- Negotiate or mediate an arrangement that addresses tuition, living expenses and timelines
- Apply to vary an existing child support order if circumstances have changed
To discuss child support for an adult child attending post-secondary school in Alberta, contact Verhaeghe Law Office or call (587) 410-2500 to book a consultation with a member of our Edmonton family law team.
Please note that the information in this article does not constitute legal advice. It is intended as a general overview of an area of family law. For legal advice, please consult with a lawyer.