Child Support for Adult Children
Introduction
The concept of child support extending beyond the age of majority is becoming increasingly common. This can be attributed to several factors such as a child's illness, disability, or continued education. The aim of this article is to provide an in-depth understanding of this issue, focusing on three key aspects: The Divorce Act and its implications, factors considered by courts when deciding on child support for adult children, and the application of the Federal Child Support Guidelines.
Child support is a pivotal issue in family law, drawing even more attention when it relates to adult children. The laws governing this area can often seem complex and confusing, with a multitude of factors coming into play. This blog post aims to elucidate the key aspects of child support law concerning adult children. We will explore the burden of proof, parental control, and quantum of support, providing a comprehensive understanding of this multifaceted subject.
The Divorce Act:
The Divorce Act, specifically s. 15.1(1), R.S.C. 1985 (2nd Supp.), c. 3, mandates that spouses must provide support for all children of the marriage. Notably, this definition of 'children of the marriage' includes those who have reached the age of majority or older but remain under their parent’s care due to illness, disability, or other causes preventing them from obtaining the necessaries of life. This expanded definition ensures that adult children in need may still be eligible for child support under certain circumstances.
Factors Influencing Child Support Decisions for Adult Children
The continuation of child support often happens when the adult child is still a student in college or university. However, mere enrollment in post-secondary education does not automatically justify the obligation to pay support. The courts weigh in several factors like:
The child's status as a full-time or part-time student
Eligibility for student loans or other financial assistance
The child's career plans
The child's ability to contribute through part-time employment
Age and past academic performance of the child
Past plans made by the parents for the child's education
In cases involving a mature child who has unilaterally ended a relationship with the parent from whom support is sought, this can also influence the court's decision.
Application of the Federal Child Support Guidelines
Once the court determines the entitlement to child support for an adult child, the Federal Child Support Guidelines, SOR/97- 175 (the "Guidelines”), are utilized to calculate the amount of support payable. The Guidelines take into account the child's condition, means, needs, and other circumstances, as well as the financial capacity of each spouse to contribute to the child's support.
If the child attends an out-of-town school, the court may adjust the support amount considering the child's cost of living as an expense for support purposes.
The Burden of Proof
When it comes to child support for adult children, the burden of proof falls squarely on the shoulders of the parent seeking support. This parent must demonstrate the child’s ongoing eligibility for support. This isn't as simple as just stating the child's age or status as a student. Tangible evidence that the child remains under parental charge and is meaningfully participating in a full-time educational program is required. This task, understandably, becomes increasingly challenging with the child's increasing age and educational attainments. For instance, proving the need for support for a 19-year-old undergraduate is easier than if the child were 25 and pursuing a Ph.D. program.
Parental Control
Parental control is a significant factor in the determination of child support entitlement. A parent can contest the child support claim by proving that the child has withdrawn from parental control. This means the child, despite being an adult, is not exercising their independence in a way that absolves the parent from financial obligations. The onus then shifts to the child to show, on a balance of probabilities, that they had no choice but to withdraw. If successful, this argument can significantly impact the outcome of a child support case, often relieving the parent from the obligation of support.
Quantum of Support
The quantum of support, or the amount of child support to be paid, involves a meticulous assessment of the family's financial situation. The onus is on the paying spouse to demonstrate that the table amount of child support for an adult child is inappropriate. This could be due to a variety of reasons such as the child’s independent income, the financial burden of the amount on the paying spouse, or the lifestyle of the child. A spouse who proposes a deviation from the table amount must provide clear and compelling evidence that the deviation is in the child's best interest. This can be a complex process and requires a sound understanding of the child support laws.
Conclusion
Understanding child support obligations for adult children in Canada is a complex process that involves a thorough understanding of various factors and legal guidelines. It's crucial for parents to be informed about these considerations. If necessary, seeking legal advice can help parents fully comprehend their obligations and rights, ensuring they act in the best interest of their child, regardless of the child's age.
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