Children Over the Age of Majority: Yes or No
When a child reaches the age of majority (18 years old in most provinces), child support does not automatically end in all cases. Depending on the circumstances, parents may need to continue paying child support beyond the age of majority if the child is still dependent, such as when they are attending school or have a disability.
1. Yes – Child Support Continues
In some situations, even after a child reaches the age of majority, they may still require financial support. This could be due to several factors, including continuing education or health-related issues.
When to Choose Yes:
- Post-Secondary Education: If the child is attending college or university full-time, both parents may be required to continue contributing to their educational and living expenses.
- Disability or Special Needs: If the child has a disability or medical condition that prevents them from becoming financially independent, child support can continue beyond the age of majority.
- Dependent Status: If the child is still dependent on their parents for financial support due to specific circumstances (e.g., unable to secure stable employment), child support may continue.
Why Choose Yes:
- Education: Supporting a child through higher education is a common reason to extend child support, helping cover costs like tuition, housing, books, and living expenses.
- Disability: If the child has a medical condition or disability, continued support ensures they can maintain their quality of life without undue financial strain.
- Ongoing Dependency: This ensures that the child can continue to be financially supported until they are truly independent.
Considerations:
- The amount of child support may need to be adjusted based on the child’s specific needs, such as education or medical costs.
- Parents may agree to split costs related to education, such as tuition or living expenses, rather than continuing with regular monthly support.
2. No – Child Support Ends
In some cases, parents may agree that child support should end when the child reaches the age of majority. This typically happens when the child is no longer dependent on their parents or when they become financially independent.
When to Choose No:
- Child is Financially Independent: If the child has finished school, is working full-time, or is otherwise financially independent, child support may no longer be necessary.
- No Continuing Education: If the child does not pursue post-secondary education or is able to support themselves while working, parents may agree that support is no longer required.
- Mutual Agreement: Both parents may agree that the child no longer requires financial support, and they can finalize the end of child support payments.
Why Choose No:
- Independence: If the child is financially independent and able to support themselves, continuing child support is unnecessary.
- End of Legal Obligation: Once the child reaches the age of majority and no longer requires support, it can help both parents move forward financially without the ongoing obligation of child support.
Considerations:
- Ensure that both parents agree on the child’s level of independence before ending child support to avoid future disputes.
- If circumstances change, such as the child returning to school or facing unexpected financial difficulties, there may be an option to revisit the support arrangement.
Key Factors to Consider for Mediators:
- Educational Plans: If the child plans to attend or is currently attending post-secondary education, it’s common to continue support to cover educational expenses.
- Special Needs: If the child has a disability or other health concerns, continued support may be essential to their well-being.
- Financial Independence: Assess the child’s level of financial independence. If they are self-sufficient, it may make sense to end support.
Conclusion
Choosing Yes or No for child support beyond the age of majority depends on the child’s unique circumstances. If the child is pursuing higher education or has a disability, it’s often necessary to continue support. However, if the child is financially independent or there’s no need for further support, parents can agree to end payments when the child reaches the age of majority.