Child support is intended to ensure a fair standard of support for children after their parents separate. In many circumstances, determining the amount of child support payable is a fairly simple calculation based upon the parties’ income and parenting time. The presumption is generally that child support ceases where a child reaches the age of majority. In Ontario, the age of majority is 18 years old. However, there are a number of circumstances that may warrant a continued child support obligation into adulthood. These circumstances are described in section 2(1) of the Divorce Act (Canada) and are overviewed below.
Illness or Disability: Where a child is unable to withdraw from parental care due to illness or disability, a child support obligation may continue for parents. The threshold for such is generally very high. For example, a mild learning disability that prevents certain kinds of employment may not warrant a continued support obligation. Further, the amount of support payable may be subject to applicable subsidies, child contribution, and other applicable circumstances. Generally, clear and compelling evidence will be required demonstrating an inability to be self sufficient.
Education: Where an adult child is pursuing a degree, diploma, or certificate, they may still be eligible for child support. For children around the age of 18, it is not uncommon to pursue a fifth year of high school or “victory lap”. If that child continues to reside at home, they may, but will not necessarily be, eligible for support.
Similarly, post-secondary education may be sufficient cause for continued support into adulthood. However, this is subject to particular considerations, including but not limited to the following, as was summarized in the recent case of Simone v. Van Nuys, 2021 ONCJ 652:
- Whether studies are full-time;
- A reasonable nexus to a career;
- The child’s ability to contribute through loans, bursaries, or part-time employment;
- The child’s age;
- Academic performance;
- Plans for post-secondary education made during the relationship; and
- Whether the child has unilaterally terminated a relationship with the paying parent.
It is important to note that the termination of adult child support is highly contextual. It requires a comprehensive investigation into the circumstances of the child and the family as a whole. Our expert family team at the Ross Firm can assist you with your family law issues. Contact familyintake@rossfirm.com to set up your consultation.
Disclaimer: the above information is informational and does not constitute legal advice. We strongly recommend obtaining independent legal advice with respect to any legal issues.