By Mark Demas
In Alberta, the presumptive rule is that following a relationship breakdown the birth parents – or those standing in place of a birth parent – must pay support until the child turns 18 and is considered an adult. However, exceptions to this rule may obligate parents to provide support beyond the child’s age of majority.
The Alberta Child Support Guidelines list four reasons why child support may have to be paid past the age of 18: “illness, disability, being a full‑time student as determined in accordance with the prescribed guidelines, or other cause.”
The most common exception is that a son or daughter is completing their first post-secondary degree or diploma. According to the Guidelines, child support can continue for a child up to the age of 22 if that child is a full-time student.
It explains that a full‑time student is someone “enrolled in a course or courses that constitute a full‑time program of study during an academic term at:
- a school as defined in the Education Act,
- a post‑secondary institution under the Post‑secondary Learning Act,
- an educational institution designated as such under section 118.6 of the Income Tax Act (Canada), or
- a school or institution that in the opinion of the court is substantially similar to those referred to in clauses (a) to (c).”
- If the child has physical or mental impairments that limit their ability to care for themselves, the court may extend child support obligations indefinitely. That is decided on a case-by-case basis.
Child support is the right of the child
Children have a legal right to financial support from their parents and a separation or divorce does not change that ongoing obligation. The authority for a Canadian court to order support for children over the age majority (18 years in most provinces and 19 years in British Columbia) is found in the Divorce Act and in provincial and territorial statutes such as Alberta’s Family Law Act (FLA). Child Support Guidelines are used to determine the quantum and duration that should be ordered under either federal or provincial law.
The leading case that clarifies when support should be paid to an adult child in post-secondary studies is a 1993 B.C. judgment, Farden v. Farden. It sets out the legal test to determine if a parent must pay such post-secondary legal costs in accordance with the Guidelines. “Farden factors” are often cited in Alberta court judgments and they are:
- whether the course of studies is part-time or full-time;
- whether the child has applied for, or is eligible for, student loans or other financial assistance;
- whether the career plans of the child are reasonable and appropriate;
- the ability of the child to contribute to their own support through part-time employment;
- the age of the child;
- the child's past academic performance and whether the child is demonstrating success in the chosen course of studies;
- what plans the parents made for the education of their children, particularly where those plans were made during co-habitation; and
- in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.
Under the Divorce Act, only parents can seek child support for an adult child. Applications for support of adult children are usually made by parents under provincial legislation but they may be made by the children. If the parents were never married, the child, a guardian or a parent may file under the FLA.
More young adults need help
As the cost of living increases in Canada so does the number of children who depend on financial support from parents beyond the age of majority. Those who attend post-secondary schools are typically burdened by debt while those who have started working are unable to afford a down payment for their first home, it is reported.
“Young adults are facing increased difficulty starting their careers and affording independent accommodation, which has only been accelerated by the social and economic dislocation caused by the pandemic,” states Child Support for Adult Children in Canada: When Does Childhood End?
“Many parents in intact families feel a moral obligation to provide support and assistance to their adult children to help them attain a reasonable degree of self-sufficiency,” the report states. “By contrast, separated and divorced parents who no longer live with their children generally are less inclined to honour this moral obligation,1 which is partly why Canadian law imposes a legal obligation on parents who are separated or divorced to provide support for adult children.
“Ultimately, for several economic, social and cultural reasons, increasing numbers of young adults in Canada are delaying ‘independent living’ – they’re living with their parents, or at least looking to them for more economic and social support,” it adds.
According to Statistics Canada, the portion of young adults aged 20 to 34 living in the same household with at least one parent increased from 31 per cent in 2001 to 35 per cent in 2021. The StatsCan report states that in 2021, 46 per cent of young adults who lived with their parents were aged 25 to 34, compared with 38 per cent in 2001.
It adds that from 2016 to 2021, “the largest percentage-point increases in the proportion of young adults living with at least one parent occurred in several large urban centres located in Alberta or Saskatchewan.” Those communities included Red Deer (which saw a seven per cent increase) Calgary (a five per cent increase) and Edmonton (a four per cent increase).
Contact us for assistance
Determining if adult children in Alberta are entitled to child support payments can be a very fact-specific exercise. The team at Demas Schaefer Family Lawyers can help explain the factors relevant to entitlement to support. Contact us today to schedule your free consultation.