Whether you’re the one who wants to apply for child support for a child over the age of majority, or you’re the one who has been served with an application to set child support for a child over the age of majority, or you’re the child over the age of majority who wants to apply for child support from one or both parents, we’re here to help.
While many questions can be answered with the help of the guides, sample letters and forms in our legal toolkit, an independent jurist affiliated with PSP Legal will always be happy to help you by answering any questions you may have.
Of course, if you prefer to have an experienced practitioner take charge of your situation and intervene directly and quickly on your behalf, you can also request that one of the independent jurists affiliated with PSP Legal represent you by clicking here.
Alimony and child support
Being a parent brings with it a host of obligations, not least child support in the event of separation. Parents must continue to provide for their dependent children even in the event of separation. This obligation applies not only to spouses and civil union partners, but also to de facto spouses.
Purpose of child support for children of full age
The amount of support for a child over the age of majority is established to meet the child’s usual needs, such as :
- personal care
Parents’ obligation to support their child after the age of majority
Parents may still have a duty to support their child after he or she has reached the age of majority. This will generally be the case if the child is unable to support himself independently. However, there must be legitimate reasons for the child’s inability to support himself or herself. A claim for child support may be made by the parent who is partially supporting the child. This claim can be joined to a divorce application. When the parents are not married, it is possible to file a request for the determination of support for a child of full age. The application can also be filed by the adult child.
When determining whether child support should be paid for a child over the age of majority, the court must take several factors into account. Alimony is awarded to a child of full age who is unable to provide for his or her own needs for legitimate reasons, such as illness or the pursuit of studies.
The adult child must therefore demonstrate that the following criteria are met:
- He/she is unable to support him/herself;
- He has taken all available means to try to ensure his subsistence, or he is physically or mentally incapable of ensuring his subsistence;
- If he receives financial assistance from any source, it must be insufficient to meet his needs.
In addition, the parent to whom the request for child support is addressed must have the means to help the child. Therefore, if a parent cannot afford to pay child support for a child over the age of majority, support will not be granted.
When a parent applies to the other parent for support payments for a child over the age of majority, he or she must demonstrate that the following conditions are met:
- The child of full age is unable to support himself or herself;
- The parent is already partially supporting the child of full age;
- The child of full age does not object to the request.
In all cases, the question of whether a child of full age is a dependent child is a question of fact to be decided by the court, unless the parties agree otherwise.
Child of full age attending school
In most cases, the request for child support arises because the adult child is still a student. A number of criteria can be taken into account when a child of full age is a student:
- state of health
- academic results;
- academic background
- the seriousness of their studies;
A child of full age who is still a student, and who is more or less serious about his or her studies, could be required to inform the parent paying support of his or her academic results, in order to prove that he or she is serious about his or her studies. Moreover, stopping studies for a certain period or changing field of study does not automatically terminate support payments. Furthermore, the fact that the child is continuing his or her studies does not prevent the child from being forced to work part-time in order to cover part of his or her needs and reduce the amount of support paid by the parent.
The attitude of the adult child
The attitude of a child over the age of majority may call into question the granting of alimony. In fact, it could be a reason for cancelling or reducing support payments to the adult child, as in the following cases:
- An ungrateful attitude on the part of the adult child towards the parent paying support;
- Refusing to accept the offer of accommodation from the parent from whom he or she is requesting support;
- The adult child is living with other people;
- The adult child wants to obtain support for whims rather than for ordinary needs.
The amount of support for a child over the age of majority
Depending on the case, the child support table will be set according to the federal or provincial model when it is a parent who makes the request. The provincial model takes into account the child’s age, health, level of education, marital status, place of residence, degree of autonomy and income. In some cases, the federal model may apply. If it is the adult child who makes the request, the federal and provincial tables will not be taken into account. The only criteria considered will be the real needs of the adult child and the parents’ financial situation.
How we can help
Our legal toolkit includes a variety of online resources and links to templates and guides to help you better understand your obligations.
However, should the Legal Toolkit prove insufficient in your situation, you can obtain additional assistance by speaking with one of PSP Legal’s affiliated jurists:
Of course, if you prefer to have an experienced practitioner handle your situation, you can always request that one of the independent jurists affiliated with PSP Legal intervene on your behalf by clicking here. He or she will then be able to intervene directly and rapidly on your behalf by:
- Preparing, negotiating and drafting applications, procedures or any other legal documents related to your situation;
- Assisting and advising you on your legal rights and obligations;
- Representing you before the courts when legal action is taken;
- Guiding you through the choices available to you, leading to a fair and satisfactory solution.
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