When Child Support Continues After 18 in Alberta
What Parents Should Know
Many Alberta parents assume child support stops automatically when a child turns 18. In reality, support can continue when a young person remains dependent—such as while attending post-secondary school or living with a disability. Understanding how Alberta law defines dependency helps parents plan ahead and avoid conflict.
The Law on Support for Adult Children
In Alberta, child support is governed by both the Divorce Act (for married parents) and the Family Law Act (for unmarried or common-law parents). Both laws recognize that a child may still require support past the age of majority if they are not yet able to live independently.
The courts look at whether the child is still considered a “child of the marriage” (under the Divorce Act) or a “dependent child” (under the Family Law Act). If the answer is yes, support may continue even after 18.
What Counts as Dependency?
The most common reasons support extends into adulthood include:
- Post-secondary education: Courts often view a child attending college, university, or vocational training full-time as still dependent, especially if they rely on their parents for tuition or living costs.
- Disability or illness: If a child has a medical condition or disability that prevents them from being financially independent, support can continue indefinitely.
- Transition to independence: Some young adults may need extra time to establish themselves, particularly if they’re still in school or struggling to enter the workforce.
Courts also consider the child’s efforts. If an adult child is working full-time or avoiding responsibility, support may be reduced or ended.
Recent Decisions in Alberta
Alberta courts emphasize that every case depends on its facts. In one decision, support continued for a child enrolled in university because the court found their education reasonable and necessary for independence. In another, support ended when a young adult dropped out of school without a plan and made little effort to become self-sufficient.
These cases show that judges weigh both need and behaviour. Support is meant to help young adults transition into independence, not to provide an open-ended allowance.
Setting Expectations With Children
Parents can reduce future disputes by setting expectations early. If a teen plans to attend post-secondary school, both parents should discuss how costs will be shared. When health issues are involved, long-term financial planning may be needed.
Written agreements or court orders that specifically address support for education or special needs can provide clarity and stability for everyone involved.
Tips for Parents and Guardians
- Plan early: If separation is likely, include post-18 support in your parenting or separation agreement.
- Communicate: Talk openly with your child about responsibilities, such as maintaining grades or contributing part-time income.
- Review regularly: A child who needs support at 18 may be independent by 21. Revisit your arrangements as circumstances change.
- Seek advice: Alberta family law can be complex when adult children are involved. Legal guidance ensures your rights and obligations are clear.
Final Thoughts
In Alberta, child support doesn’t always end on a child’s 18th birthday. Courts recognize that many young adults still need financial help while pursuing education, living with a disability, or transitioning to independence.
For Edmonton families, preparation and open communication are key. Understanding how the law defines dependency can help parents reach fair, sustainable arrangements and avoid unnecessary disputes.
Need advice about child support after 18? Contact Cambria Law for clear, practical guidance tailored to your family’s needs. Call 780-540-8100 or email reception@cambrialaw.ca to speak with a family lawyer in Edmonton.