Does child support stop at 18 in Ontario? University and adult children

Not automatically. The age of majority in Ontario is 18, but support can continue for an adult child who is still under a parent's care and cannot become independent, for example because of illness or disability. Under Ontario's Family Law Act, it also continues for an unmarried child enrolled in a full-time program of education. Once a child is 18 or older, the court can either use the usual guideline amount or set a different amount that fits the child's situation.

Which law applies depends on whether the parents were married and are divorcing. For how child support is calculated in general, see our page on child support in Ontario.

What happens when a child turns 18, step by step?

A motion to change an older Toronto order often goes back to the court that made it. Under the Ontario Court of Justice practice direction, motions to change that relate to a case started before September 1, 2024 continue at 47 Sheppard Avenue East; see which Toronto family court handles your case.

What do the two laws say?

The Divorce Act does not mention school by name. Whether an adult child in full-time study is unable to withdraw from the parents' charge for "other cause" is decided by the court on the facts of each case. The Family Law Act names full-time education directly.

There is also a limit at the other end. Under the Family Law Act, the duty does not extend to a child who is 16 or older and has withdrawn from parental control (section 31(2)).

How is support calculated for a child 18 or over?

For a child under 18, the amount is the guideline table amount plus a share of any special or extraordinary expenses. For a child who is 18 or older, the federal guidelines give the court two options (section 3(2)):

• apply the guidelines as if the child were under 18; or
• if the court considers that approach inappropriate, order the amount it considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent to contribute.

A student living away from home, earning income, or receiving scholarships or loans are the kinds of facts that go to the child's "condition, means, needs and other circumstances" under that second option. Ontario's guidelines contain the same approach for cases under the Family Law Act.

Who pays for university or college?

Expenses for post-secondary education are one of the special expenses a court can add to child support (guidelines, section 7(1)(e)). The court looks at whether the expense is necessary in light of the child's best interests and whether it is reasonable given the means of both parents and of the child, and the family's spending pattern before separation. The guiding principle is that the parents share the expense in proportion to their incomes, after deducting any contribution from the child (section 7(2)).

So post-secondary costs can be dealt with as a separate section 7 expense on top of the monthly amount, and any contribution from the child is deducted before the parents' shares are worked out.

What if an adult child has a disability?

Both laws cover an adult child who cannot withdraw from the parents' charge because of illness or disability, with no upper age written into either definition. The amount is set under the same section 3(2) choice, looking at the child's condition, means and needs. Caring for such a child can also matter between the parents: when a court sets spousal support under the Family Law Act, it must consider whether a spouse has taken on the care of a child aged 18 or over who is unable, by reason of illness, disability or other cause, to withdraw from the parents' charge (section 33(9)(l)(iii)).

Can the adult child apply for support directly?

Under the Family Law Act, yes: an application for support of a dependant may be made by the dependant or by the dependant's parent (section 33(2)). In a divorce, child support is claimed by a spouse under section 15.1 of the Divorce Act.

What changes when the child finishes school or becomes independent?

Check the wording of your order or agreement, which may say when support ends. If it does not deal with the change, or the parents disagree about it, the arrangement can be changed by written agreement or by a motion to change a final order (Family Law Rules, rule 15). Any change in support needs updated financial information from both sides; see which financial statement to file.

If the paying parent lives abroad, the same rules apply to the amount, and the enforcement questions are covered in child support when the other parent lives outside Canada. Other time limits in family cases are listed in the deadlines in an Ontario family case.

What changes the answer?

• Which law applies. The Family Law Act names full-time education; the Divorce Act relies on "other cause" (FLA, s. 31(1); Divorce Act, s. 2(1)).
• Whether the child is studying full time, living away from home, or working.
• The child's own means, such as earnings, scholarships or loans, which can affect the amount under s. 3(2)(b) and the shares under s. 7(2).
• A disability or illness, which can extend support with no fixed upper age.
• Whether the child has withdrawn from parental control at 16 or older (FLA, s. 31(2)).
• A change in circumstances. A change that would result in a different order is a ground to vary it (Ontario guidelines, s. 14; FLA, s. 37(2.1)).

A worked example

For example, imagine parents in Markham who were never married. Their daughter turns 18 in June and starts a four-year university program in Ottawa in September. Their 2019 order says only that the father pays the table amount. The mother asks him to keep paying and to share tuition and residence costs. Because the daughter is unmarried and in full-time education, she remains a child the Family Law Act covers. They agree in writing that the father pays a reduced monthly amount while she lives away, and that tuition and residence are shared in proportion to their incomes after deducting her summer earnings and a scholarship. If they could not agree, either could bring a motion to change in the Family Court in Newmarket, as our guide to how York Region family cases work explains. This is a hypothetical walk-through, not a prediction of any result.

What mistakes do parents make?

1. Stopping payments on the 18th birthday without checking the order or agreeing to a change.
2. Assuming university costs are automatically split 50/50. The guiding principle is proportion to income, after the child's contribution.
3. Ignoring the child's own income and savings.
4. Making a verbal deal instead of a written agreement or a court order.
5. Waiting until arrears build up before asking for a change.

What to do this week

1. Find the order or agreement and read the clause on when support ends.
2. Gather proof of enrolment, tuition and residence costs.
3. List the child's income, scholarships and loans.
4. Collect both parents' latest notices of assessment if possible.
5. Propose written terms, or speak to a lawyer about a motion to change.

Frequently asked questions

Does support continue during a gap year?

Under the Family Law Act, support continues for a child enrolled in a full-time program of education. Whether a child on a break remains entitled depends on the facts, so put any agreement in writing.

Does a part-time student qualify?

The Family Law Act refers to a full-time program of education. Under the Divorce Act the question is whether the child is unable to withdraw from the parents' charge for "other cause", which the court decides on the facts.

Can support be paid directly to the adult child?

Under the Family Law Act, the dependant can apply for support directly (s. 33(2)). How payments are made is set by the order or agreement.

Can a parent stop paying if the child refuses to see them?

Not by stopping on their own. Any change needs agreement or a court order, and the court decides entitlement under the tests above.

Does spousal support change when a child reaches 18?

It can be affected, because care of an adult child with a disability is a listed factor (FLA, s. 33(9)(l)(iii)). Our page on spousal support in Ontario explains the other factors.

What if the child is studying in another country?

The same Ontario tests apply to the amount. If the paying parent lives abroad, enforcement is covered in our guide linked above; families with ties to Iran can also read what a Persian-speaking family lawyer in Toronto can do.

Sarbazevatan Law acts for parents on child support for teenagers and adult children, in English, Persian (Farsi) and French. Call +1 (416) 628-2041 or reach us through the contact page.