Expanding the Meaning of “Child of the Marriage” in Canadian Law
Children’s Voices in the Courtroom: A Growing Recognition
October 18, 2024
Divorce and separation are tough enough, but child support matters can add even more complexity. Many people assume child support ends when their child turns 18. While this is may be true in some circumstances, Canadian family law can require parents to support their children beyond this age. Under the Divorce Act, the definition of a “child of the marriage” goes beyond minors and includes adult children who are still dependent on their parents in specific circumstances.
Let’s explore what this means and how recent court decisions have expanded the definition to protect adult children during difficult times.
Judges have acknowledged these realities by ruling that parents might still have a financial obligation to support their adult children in these situations. Essentially, if the court finds that the adult child’s dependency is reasonable under the circumstances, they may extend child support even if the child is no longer a minor.
Each case is unique, and the court will carefully evaluate the facts before making a decision. However, the key takeaway is that child support is not necessarily cut off when a child turns 18. Parents facing separation or divorce should be aware of this evolving legal concept and consider how it might apply to their situation.
If you’re considering separation or divorce, or if you need advice on child support, our professional lawyers at Heft Law are here to help you navigate the process. Contact us now for a no-fee consultation: https://heftlaw.ca/consultation-request/
Let’s explore what this means and how recent court decisions have expanded the definition to protect adult children during difficult times.
What is a “Child of the Marriage”?
According to the Divorce Act, a “child of the marriage” is defined as a child who is still dependent on their parents. This usually applies to minor children, but the definition also includes adult children who cannot become independent due to specific reasons, such as:- On-going full-time education
- Physical or mental disabilities
- Inability to support themselves financially
Expanding the Definition
In some cases, the courts have recognized that young adults may not be financially self-sufficient for reasons other than school or disability. Economic challenges, rising living costs, and unstable job markets are increasingly common issues for young adults today. Life transitions like struggling to find work after school, dealing with personal challenges, or even transitioning into full-time employment can impact an adult child’s ability to support themselves.Judges have acknowledged these realities by ruling that parents might still have a financial obligation to support their adult children in these situations. Essentially, if the court finds that the adult child’s dependency is reasonable under the circumstances, they may extend child support even if the child is no longer a minor.
How Does the Court Decide?
When deciding whether to extend child support to an adult child, courts will consider:- Whether the child’s dependency is justifiable
- The child’s current financial situation and ability to support themselves
- The efforts the child has made to become independent
- The parents’ financial capabilities
Each case is unique, and the court will carefully evaluate the facts before making a decision. However, the key takeaway is that child support is not necessarily cut off when a child turns 18. Parents facing separation or divorce should be aware of this evolving legal concept and consider how it might apply to their situation.
If you’re considering separation or divorce, or if you need advice on child support, our professional lawyers at Heft Law are here to help you navigate the process. Contact us now for a no-fee consultation: https://heftlaw.ca/consultation-request/
