Child Support Requirements in Alberta Once the Child is Over 18

Understanding the nuances of child support in Alberta can be complex, especially when it comes to obligations after the child reaches the age of 18. Many parents wonder if their financial responsibilities automatically end once their child becomes a legal adult. At Jaswal Law, we aim to provide clarity on child support requirements in Alberta after the child turns 18.

Does Child Support End at 18 in Alberta?

In Alberta, child support does not automatically end when a child turns 18. The continuation of support depends on several factors, including whether the child is still dependent, and the specific circumstances outlined in the support agreement or court order.

When is Child Support Required After 18?

1. Post-Secondary Education

If the child is pursuing full time post-secondary education, child support may continue past the age of 18. The court recognizes that young adults attending university or college are often still financially dependent on their parents. The support typically continues until the child completes their first post-secondary degree or diploma, but this can vary based on individual circumstances and court discretion.

2. Disability or Special Needs

A child with a disability or special needs may require ongoing financial support beyond the age of 18. Alberta courts consider the child’s ability to support themselves and their need for continued care when determining the duration of child support.

3. Agreements and Court Orders

The terms outlined in the original child support agreement or court order will also influence whether support continues past 18. Some agreements explicitly state the conditions under which support will be extended, such as ongoing education or health-related needs.

How is the Amount of Child Support Determined?

The amount of child support required after the child turns 18 is determined based on the same guidelines used for minors, taking into account:

– The financial needs of the child.

– The income of both parents.

– The cost of post-secondary education, including tuition, books, and living expenses.

– Any special circumstances, such as disabilities or health care needs.

Modifying Child Support Orders

If circumstances change, either parent can apply to modify the existing child support order. Common reasons for modification include:

– The child’s transition from high school to post-secondary education.

– Changes in the financial status of either parent.

– New information about the child’s needs or abilities.

Legal Process for Extending Child Support

To extend child support beyond 18, parents may need to go through a legal process that involves:

– Filing an Application: The custodial parent typically files an application to extend child support, providing evidence of the child’s ongoing dependency.

– Court Hearing: A hearing may be held to review the application, during which both parents can present their case.

– Court Decision: The court will make a decision based on the evidence presented, considering the best interests of the child.

Conclusion

Child support in Alberta can extend beyond the age of 18 under certain conditions, primarily related to the child’s education and special needs. Understanding these requirements is crucial for ensuring that the financial needs of your child are met during their transition to adulthood. At Jaswal Law, we are committed to helping you navigate these legal complexities, ensuring that your child receives the support they need. For more information or to schedule a consultation, visit our website at www.jaswal-law.ca, call us at 780-737-9999, or email us at info@jaswal-law.ca