Child Support for a Child Over the Age of Majority

Child support may continue for children, even when they are above the age of majority.

The age of majority is defined under section 2(1) of the Divorce Act. It is 18 if the child lives outside of Canada. If the child lives in Canada, the age of majority is determined by the province the child lives in and the guidelines set under the province for age of majority. In Ontario, the age of majority is 18 years old.

Child support - generally: 

The Child Support Guidelines includes information on child support. The Guidelines have tables pertaining to the number of children in the relationship, and a column that includes income ranges. Using the information from the table, the basic amount of child support can be determined.

Additionally, there are further expenses payable for the child under Section 7 of the Guidelines. This includes expenses such as medical costs over $100 per year, glasses, contact lenses, and counselling psychiatrist or by a psychologist.

Providing child support for individuals over the age of majority:

A parent is to demonstrate that there is a need to continue providing child support for their child over the age of majority and that parental involvement is still needed. This can be seen in cases such as the child attending post secondary education full time. In this case, they may well not be able to financially support themselves as a result of their educational pursuits during this time.

To assess how much to pay for child support in this circumstance of an adult child, a judge can:

• Use the instructions and tables set out above for paying child support used when the child is under the age of majority; or,
• If the first option is not preferred: Assess each parent’s monetary ability to support the child, and apply this information to the particular child’s needs to determine a parent’s child support payments

Judges have the discretion to choose either option, depending on the facts of the individual case.

If you wish to learn more about child support, contact our lawyers at 905.707.3370.