Attending Post-Secondary & Child Support: Is Child Support Required for Adult Children in BC?

Child support doesn't always end when a child turns 19 in British Columbia—the age of majority. For many families, questions arise around ongoing support when adult children pursue post-secondary education. In such cases, determining whether a young adult still qualifies as a “child of the marriage” becomes essential. This article explores how child support obligations may continue for post-secondary students, outlines the legal framework under the Divorce Act and the Federal Child Support Guidelines, and explains how courts apply the Farden Factors to assess entitlement and financial responsibility.

In BC, a “child” is defined as a person under the age of 19. If you pay (payor) or receive (payee) child support, then your child is a “child of the marriage.”

Child of the Marriage

The Divorce Act defines the “child of the marriage” as follows:

“A child of two spouses or former spouses who, at the material time [time in question],

1. is under the age of majority and who has not withdrawn from their charge, or

2. is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.”

A “child of the marriage” is automatically entitled to child support, which is determined using the Federal Child Support Guidelines (the “Guidelines”). The purpose of the Guidelines is to assist payee parents with basic costs for the children in their care, such as food, housing and clothing. The amount of support for a “child of the marriage” under the age of majority is the amount stipulated in the Guidelines table, plus any amounts determined under section 7 of the Guidelines for special and extraordinary expenses, such as extracurricular activities.

Child Over the Age of Majority

Once children reach the age of majority, they are no longer automatically entitled to child support. However, if they are deemed to be “a child of the marriage,” then they may be entitled to child support. The Guidelines provide two bases on which to calculate child support for children past the age of majority in section 3(2):

1. the amount determined by applying the Guidelines as if the child were under the age of majority; or

2. if the court considers that approach inappropriate, then it would award the amount that it considers appropriate, with regard to the condition, means, needs and other circumstances of the child and the financial ability of each spouse to contribute to the child's support.

The Farden Factors

A common instance of children past the age of majority being “children of the marriage” is when they attend a post-secondary institution. The Farden Factors, a non-exhaustive list of considerations, help determine whether this is the case:  

• whether the child is enrolled in a full-time or part-time course of studies;

• whether the child has applied for or is eligible for student loans or other financial assistance;

• the career plans of the child, i.e. whether the child has some reasonable and appropriate plan or is simply attending post-secondary for the sake of it;

• the ability of the child to contribute to her or his own support through part-time employment;

• the age of the child;

• the child's past academic performance – demonstrating success in the chosen course of studies;

• what plans the parents made for the child’s education, particularly where those plans were made during cohabitation; and

• whether or not the child has unilaterally terminated a relationship with the parent from whom support is sought.

Under the Farden Factors, the court will consider a reasonable living budget, including tuition, books, housing and food costs. These expenses are contemplated in s. 7(1)(f) of the Guidelines, which stipulates that post-secondary expenses are to be shared between the parties in a manner proportionate to their income. 

THE TAKEAWAY

When children are attending post-secondary and living away from home, they will incur greater post-secondary expenses for residence and the costs of living, and the payee parent no longer has to maintain the household for the child. Consequently, the basic costs contemplated by the Guidelines table amount are reduced or cancelled while the child is away from home, as addressed in s. 3(2)(b). Another consideration is children’s capability of contributing financially to their expenses.

Thus, your adult child attending a post-secondary institution may still be entitled to child support, depending on several factors, including residence at home or away from home. 

If you have any questions, please contact us at (778) 871 9791 or email Dominique Legendre  dl@dwslaw.ca.

Disclaimer: This article is not intended to serve as, or should be construed as legal advice, and is only to provide general information. Should you require legal advice for your particular situation, please get in touch with us. The information for this article was compiled on May 7, 2025. Any updates made to the article can be found at dwslaw.ca/articles.