In British Columbia, one of the most common questions for parents after a child turns 19 is whether child support obligations should continue. Under BC’s Family Law Act and the Federal Divorce Act,  the general rule is that child support obligations are required until a child reaches the age of majority — typically 19 years old. However, there are several important exceptions that can extend child support obligations beyond this age. In this blog post, we’ll explore these exceptions and discuss a recent case that helps clarify the legal framework.

Who is a “Child”?

Under the BC Family Law Act, a “child” is defined as someone who is 19 years of age or older and unable, due to illness, disability or another reason, to meet their basic needs or live independently from their parents or guardians.

Similarly, under the Federal Divorce Act, which applies to parents who are legally divorced, “children of the marriage” include those under the age of majority who are still dependent on their parents, or who, though over 19, remain unable to support themselves due to illness, disability or other circumstances.

The legalese wording is that the adult child is unable to “withdraw from the charge of the person’s parents or guardians” or “to obtain the necessaries of life”.

When Does Child Support Continue Beyond Age 19?

Full-Time Education:

If a child is enrolled in full-time post-secondary education (such as university or college) beyond the age of 19, child support obligations may continue. However, the child must demonstrate reasonable progress toward completing their program. This exception is based on the expectation that the child is making a genuine effort to become self-sufficient, but still requires financial support while pursuing their education. Plans made or communicated to the children prior to separation may impact whether child support is ordered.

Financial Dependence:

Child support may also continue if the child remains financially dependent on the parents due to specific circumstances. This could include situations where the child cannot support themselves due to health issues, mental health challenges, or other barriers to employment. This is a case-by-case analysis.

Disability or Special Needs:

For children with disabilities or special needs, child support obligations may continue indefinitely, depending on the nature and severity of the disability. The law acknowledges that some individuals may need ongoing support due to disabilities beyond the age of 19. This was underscored in the recent Bye v Bye case, where the Court of Appeal addressed the continuation of child support in cases involving children with disabilities.

Case Law: Bye v Bye, 2024 BCCA 264

Background:

Mr. and Mrs. Bye divorced and as part of their settlement, Mr. Bye agreed to pay child support for their two minor children. Both children continued to live with Mrs. Bye after they turned 19. When the children reached age 19, Mr. Bye sought to terminate his child support payments, arguing that his obligations ended when the children reached the age of majority.

Court’s Decision: 

The Court of Appeal ruled that in British Columbia, child support does not automatically end at age 19. Key to the court’s decision, was that both children had designated disabilities. The decision was largely influenced by the fact that both children had disabilities. The Court emphasized that the parent already responsible for caring for the child is not necessarily burdened by the cost of additional legal proceedings to establish that ongoing support is owed.

Additionally, the Court also clarified that receiving government assistance, such as Persons with Disabilities (PWD) payments from the Province of British Columbia, does not automatically terminate the obligation for child support. While child support may be adjusted based on the child’s other sources of income, the government’s disability payments are not necessarily sufficient to meet all of the child’s needs, and support may still be required from the non-custodial parent.

This case highlights that while child support obligations may end when a child turns 19, there are many circumstances, particularly involving disabilities or special needs, where child support can continue beyond the age of majority.

Further Questions?

If you’re uncertain about your child support obligations or need legal advice on how these rules apply to your situation, we are here to help.

You can reach out to our intake team at  778.666.3723 or by email to litigationcoldcalls@rdmlawyers.com. After confirming we can represent you, we will be happy to schedule you for a consultation with one of our experienced Family Lawyers to discuss your options and help guide you through the process.