Is it true that I could be paying child support for years after my child turns 18?
Under certain circumstances yes, it could be true! A child can remain a “child of the marriage or a child of the relationship” for the purposes of child support for many years after they turn 19 as long as they are attending full-time post-secondary studies and are living at home or in university residence housing. Circumstances that could affect whether the young adult remains a child of the marriage or not can include grades, part-time or full-time enrollment and whether or not the child is estranged from the payor through no fault of the payor.
The other circumstance where this could happen is when a child is deemed to be unable to live independently because of an illness or a disability.
The modern family is changing with the times, and it is more and more common for our adult children to remain at home while they obtain their education. They continue to depend on their guardians as they are unable to meet the necessities of life on their own.
Any guidance provided is not covered by solicitor–client privilege, nor is it taking into consideration all of the facts of your matter beyond those in the question. The legal information is specific to British Columbia Law. If you want a more thorough and case-specific analysis of your legal matter, please contact us to arrange a consultation.
