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Do Child Support Obligations End at 19 in British Columbia?

Writer's picture: Kawal AtwalKawal Atwal
A child saving money for the future, emphasizing financial planning and independence beyond the age of majority.

When children in Abbotsford, Surrey, or anywhere in British Columbia turn 19, it marks a legal milestone of independence. However, does this also mean that a parent’s financial responsibility ends on their child’s 19th birthday? While the answer might seem straightforward, it is not always the case. The age of majority in Canada is 19, but child support obligations can continue under specific circumstances. Understanding these circumstances is essential for both parents and children.


Who is Considered a Child?

The definition of a "child" under BC law varies depending on the legislation applied. Understanding these definitions is crucial when determining child support obligations.


Who Qualifies for Child Support in BC?

In British Columbia, child support obligations depend on the legal definition of a child under the  Divorce Act: and Family Law Act:


  •  Divorce Act: A "child of the marriage" includes those under 19 or over 19 but still dependent due to education, illness, or disability.

  • Family Law Act: A “child” is under 19, but support may continue if they remain dependent for similar reasons.


A child interacting with parents symbolizes the emotional and financial responsibilities of parenting.



When Does Child Support Continue After 19 in BC?

Child support may continue past 19 in the following cases:


1. Post-Secondary Education

Courts assess multiple factors for university and college students in BC, including enrollment status, financial aid, academic performance, career plans, and whether they are taking education seriously before deciding if child support should continue. The Farden v. Farden, 1993 CanLII (BC SC) case provides key criteria for determining eligibility.


2. Medical Condition or Disability

Parents must continue support if a child is physically or mentally unable to support themselves. Courts assess specific needs and parental financial capacity.


3. Financial Dependence

If an adult child cannot become financially independent due to legitimate barriers, such as mental health challenges, courts may order continued support.


A child with a disability receiving support from parents at a young age, highlighting the need for continued care and financial assistance.


 


How Courts Determine Child Support Amounts

When determining child support for an adult child, courts consider parental income, the child's necessary expenses, and their level of financial dependence. Courts evaluate whether support remains essential, taking into account alternative financial resources such as scholarships, student loans, or the child's employment income.


Under Section 3(2) of the Federal Child Support Guidelines, courts decide whether to apply the standard child support formula or modify payments based on the child’s circumstances. Adjustments are made based on the child's financial needs, educational expenses, and the parents' ability to contribute. If the child has a steady income, courts may reduce the required parental support accordingly.


For specific calculations and detailed information on child support obligations, refer to the Federal Child Support Guidelines.


A professional counsellor advising parents on child support obligations and effective co-parenting strategies.

British Columbia Family Maintenance Agency

The British Columbia Family Maintenance Agency (BCFMA) offers free services to families involved in child support arrangements. Their services include:


  • Collecting and disbursing child support payments

  • Enforcing child support orders, including arrears and special expenses

  • Ensuring compliance with court-ordered child support obligations


For more information, visit the BC Family Maintenance Agency website.



 

COMMON DISPUTES OVER CHILD SUPPORT AFTER 19


While the law allows for continued child support, disagreements often arise:

  • One Parent Wants Support to End, but the Other Disagrees: Courts assess financial needs, educational status, and dependency factors.


  • The Child is in Post-Secondary Education but Not Fully Engaged: If a child is failing courses or inconsistently attending, parents may argue against continued support.


  • The Child is Working Part-Time but Still Expecting Support: Courts examine whether the child’s income is sufficient to support themselves.


  • Disputes Over Expenses: Parents may disagree on whether support should cover tuition alone or include living expenses, transportation, and other costs.


The Legalbird team is working on a case.


If you are facing a dispute over continued child support, seeking legal advice can clarify your obligations. Need help modifying your child support agreement?








FAQ'S


 

1. Can parents challenge a child support order after the child turns 19? Yes, parents can request a modification or termination of child support if they believe the child is financially independent or not actively pursuing education. This typically requires a court application.


2. What happens if a child refuses to have a relationship with the paying parent? If an adult child has unilaterally severed ties with the paying parent, the court may consider terminating support, depending on the circumstances.


3. Can child support be split between both parents based on income? Yes, courts can divide child support obligations between parents based on their respective incomes. Under the Federal Child Support Guidelines, the amount each parent contributes depends on their financial ability and the child's specific needs. In cases of shared custody or where both parents have similar financial responsibilities, courts may adjust support amounts accordingly.


4. Is child support taxable in British Columbia?

No, child support payments are not taxable. The recipient does not report them as income, and the payer cannot claim them as a deduction.


Understanding your child support obligations ensures fairness for both parents and children—because financial responsibility doesn’t always end at 19



 

SEEK PROFESSIONAL GUIDANCE

Understanding child support obligations can be complex, especially when dealing with post-secondary education, disabilities, or financial dependency. If you have questions about your specific situation, speaking with an experienced family lawyer can provide clarity and ensure you're making informed decisions. Legalbird is here to help you navigate your obligations and rights—reach out to discuss your case and get the guidance you need.


The Legalbird team is working on a case.


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