Child support in Ontario does not automatically end when a child turns 18. Support may continue when an adult child remains dependent, including because of education, illness or disability. The applicable law, the child’s circumstances and the terms of any support order or agreement matter. Before changing payments, review the existing arrangement and obtain advice about the steps required.
The Legal Definition of a Dependent Child
Child support may be governed by the federal Divorce Act or Ontario’s Family Law Act, with the applicable child support guidelines. The governing legislation depends on the proceeding and the circumstances of the parents.
Under section 2 of the Divorce Act, an adult child may remain a “child of the marriage” when illness, disability or another cause prevents them from withdrawing from parental care or obtaining the necessaries of life. Section 31(1) of Ontario’s Family Law Act also provides for support of an unmarried child enrolled in full-time education or unable, because of illness, disability or another cause, to withdraw from their parents’ charge, to the extent the parent is capable of providing support.
Post-Secondary Education and The "Farden Factors"
When a child attends college or university, they generally remain a dependent, meaning child support continues. To determine if an adult child in school is still entitled to support, Canadian courts consistently rely on the framework established in the leading Supreme Court of British Columbia case, Farden v. Farden (1993). The court assesses several "Farden factors," including:
- Whether the child is enrolled in a full-time or part-time program.
- The child’s eligibility for student loans or other financial assistance.
- The child’s career plan and past academic performance.
- The parents’ expectations regarding post-secondary education before separation.
- Whether the mature child has unilaterally and without justification terminated their relationship with the paying parent.
Furthermore, under section 7 of the Child Support Guidelines, parents are typically required to contribute to the actual tuition and living expenses of post-secondary education, proportionate to their respective incomes.
As your child transitions into adulthood, your support order should accurately reflect their changing reality. Whether that involves a child moving away for university, taking a gap year, or graduating and entering the workforce, the Hashmi Law Group can help you draft clear, enforceable separation agreements or bring a Motion to Change an existing order to ensure your obligations are fair and legally sound.
Before Ending or Changing Child Support
- Read the support order or agreement for any end date or terminating event.
- Gather current information about the child’s education, living arrangements and financial needs.
- Obtain advice about whether an agreement or court application is needed to change support.
See the Department of Justice’s guidance on children at or over the age of majority and child support agreements.
Legal disclaimer
The information provided in these articles is for general informational and educational purposes only and does not constitute legal advice. Reading this content or contacting the Hashmi Law Group does not establish a solicitor-client relationship. Family law is highly complex and fact-specific. Laws, statutes, and regulations are subject to change, and the application of case law depends on the unique circumstances of each case. You should not act or rely upon any information contained herein without seeking the advice of a qualified family law attorney licensed in your jurisdiction regarding your specific legal situation.
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