The court can make orders for support, maintenance, and education for children age 18 to 20 if
- they live with one of their parents, and
- are mainly dependent on that parent for their maintenance.
The court can also make these orders for 21 and 22-year-olds if
- they live with one of their parents,
- are mainly dependent on that parent for their maintenance, and
- the 21 or 22-year-old is in school or college.
The Child Support Guidelines say the court can make support, maintenance and education orders for children age 18 or older. But the court does not have to order support for children age 18 or older.
The Guidelines say that when a judge is thinking about an order for support for a child age 18 to 22, they must look at:
- Your child’s living situation, like why your child lives with the parent receiving child support (the "recipient"), and when and how much time they live with the recipient,
- Why your child is mainly dependent on the recipient,
- Your child’s academic situation, like their progress in school, or if they are part-time or full-time,
- All kinds of resources the parents may have, like a bedroom for the child or the ability to help with schoolwork, and
- Each parent’s contribution to post-secondary education costs for the child or other children in the family.
If your child support order does not say what happens after your child turns 18, and your child still needs support, you will have to file a new complaint. Talk to a lawyer to find out which complaint to file.
See the Child Support Guidelines, page 13, for more information about child support for children ages 18 to 22.