Adult Child Support in Alberta and Canada
Introduction to Child Support Help in Edmonton
Hello everybody, this is Janan Jarrah here to provide you with a video covering a legal topic. Today’s topic is going to be adult child support, so if you need child support help in Edmonton, you will want to learn more about this topic!
Quick introduction: my name is Janan Jarrah, and I am a lawyer practicing in Edmonton, Alberta. My areas of practice include divorce and family law, criminal law, and child welfare law. It’s been a while since I made a video, but today’s topic will cover adult child support.
Please note, this video is intended for informational purposes only and is not meant to be legal advice. If you wish to receive legal advice, I can provide that during a one-on-one consultation.
Understanding Adult Child Support
It might come as a surprise to some parents that they may have to continue paying child support even after their child turns 18. While some parents may have thought they were done with child support payments once their child reached adulthood, this is not always the case. In some situations, child support obligations extend beyond the age of 18, and that’s what we’re going to discuss in this video.
Adult child support refers to child support for individuals who have already turned 18. There are two primary legal sources that address adult child support in Alberta: the Divorce Act of Canada and Alberta’s Family Law Act. These laws provide slightly different definitions and conditions for adult child support. If you thought you were done paying child support, or you believe your child’s other parent needs to continue paying child support, you may need child support help in Edmonton.
The Divorce Act
The Divorce Act is a federal piece of legislation that applies across Canada and specifically to individuals who were in a marriage. Those who lived under common law rules or adult interdependent partnerships would not pursue a claim under the Divorce Act but under provincial legislation.
The Divorce Act defines a “child of the marriage” as a child who is under the charge of their parents but is unable to withdraw from that charge due to illness, disability, or another cause. Notably, the definition does not specify an end date for child support—there’s no set age, such as 23 or 24, at which child support automatically ends. This means that child support can technically continue as long as the child remains unable to withdraw from their parents’ charge for valid reasons.
Commonly, one of the reasons for continued child support is that the child is pursuing post-secondary education. However, it’s important to note that while child support can extend into the early 20s, it does not typically continue into the late 20s or 30s. Judges often grant child support for the duration of the first degree only, though there are cases where support has been extended beyond that. Each case is unique, and the decision depends on the specific circumstances, if you need child support help in Edmonton, contact us!
Factors Influencing Adult Child Support under the Divorce Act
Several factors can influence whether adult child support is granted under the Divorce Act. For example, if both parents can afford it, judges may be more inclined to order continued support. However, the courts also consider whether the child is actively pursuing their education. While it’s possible for child support to continue through multiple degrees, it’s not common.
The Family Law Act of Alberta
For individuals who were not married, or who do not wish to pursue a claim under the Divorce Act, the Family Law Act of Alberta provides guidance on child support for anyone who needs child support help in Edmonton. This act has a more defined end date for child support. Under the Family Law Act, adult child support may be required until the child is 22 years old, provided that the child is unable to withdraw from their parents’ charge due to being a full-time student.
Unlike the Divorce Act, the Family Law Act sets a clear cutoff at age 22, meaning you cannot typically argue for child support past that age.
Contributing to Education Costs
One argument that can be made to reduce or mitigate adult child support is that the adult child should contribute to the costs of their own education. Courts are generally not inclined to require children under 18 to contribute financially to their upkeep or education, but the expectations change once the child reaches adulthood. There is case law supporting the idea that adult children should contribute to their education costs through scholarships, bursaries, or part-time jobs.
For instance, I successfully argued in one case that the child should contribute a third of the cost of their education. While courts may not expect children to work during the school year, they might consider it reasonable for an adult child to work during the summer to help cover their educational expenses.
Impact of Relationship Between Parent and Adult Child
Another factor that could affect adult child support is the relationship between the payor parent and the adult child. If it can be shown that the adult child refuses to have a relationship with the payor parent for no good reason, a judge might terminate child support.
A “good reason” for an adult child not to have a relationship with a parent could include historical abuse, neglect, or abandonment. However, if the child simply refuses to maintain a relationship out of preference or alignment with the other parent, this could be grounds to argue for the termination of child support.
Conclusion for Child Support Help in Edmonton
In summary, adult child support does not necessarily end at the age of 18. Under the Divorce Act, there is no statutory end date for child support, although practically speaking, it usually ends by the mid-20s. The Family Law Act of Alberta, however, sets a clear end date at age 22.
For parents concerned about paying adult child support or who needs child support help in Edmonton, it’s important to know that there are circumstances, such as the adult child’s ability to contribute to their education or the nature of their relationship with the payor parent, that could affect the obligation.
I hope this video has provided some clarity on how adult child support works in Canada, and specifically in Alberta. If you think any of the information presented may apply to your situation, feel free to reach out for a one-on-one consultation. Thanks for tuning in, and keep an eye out for additional videos where I’ll elaborate on other child support topics. Stay tuned, and thanks again. Bye, everybody!