Not automatically. In Ontario, a parent must support an unmarried child who is a minor, who is enrolled in a full-time program of education, or who cannot leave the parents' charge because of illness, disability or another cause. So support often continues past 18 for students and for adult children with disabilities, though the amount may be calculated differently.
How child support works after 18 in Ontario, step by step
Turning 18 changes a child's legal status. Under Ontario's Age of Majority and Accountability Act, every person attains the age of majority on turning eighteen. But the duty to pay child support is not tied only to age. It depends on whether the child still depends on the parents, which is why many orders and agreements continue well past 18. For the wider rules, see our child and spousal support page.
Two laws can apply, depending on whether the parents were married and are divorcing:
- The Family Law Act (for unmarried parents, and married parents not seeking a divorce). Section 31(1) says every parent must support, to the extent they are capable, an unmarried child who (a) is a minor, (b) is enrolled in a full-time program of education, or (c) is unable by reason of illness, disability or other cause to withdraw from the charge of the parents.
- The Divorce Act (for divorcing spouses). A "child of the marriage" includes a child who is the age of majority or over and under the parents' charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.
When a child turns 18, the steps usually look like this:
- Read the order or agreement. Many set an end point, such as the child finishing a first post-secondary degree, or require notice before support stops.
- Confirm the child's situation. Is the child in a full-time program, working, living at home or away, or living with a disability?
- Decide whether support continues. If the child still qualifies, support continues. If not, the paying parent should seek a change, by agreement or in court, rather than simply stopping.
- Recalculate if needed. For an adult child, the court may apply the guidelines as usual or, where that is inappropriate, set a different amount (Ontario Child Support Guidelines, s. 3(2)).
- Deal with post-secondary costs. Tuition, books and residence are often handled as special expenses under section 7(1)(e), shared by income after the child's own contribution.
Who qualifies after 18
| Child's situation | Family Law Act (s. 31) | Divorce Act ("child of the marriage") |
|---|---|---|
| Under 18, living at home | Qualifies (a minor) | Qualifies (under the age of majority and not withdrawn from the parents' charge) |
| 16 or 17 and has withdrawn from parental control | Not covered (s. 31(2)) | Not covered (has withdrawn from the parents' charge) |
| 18 or over, in a full-time program of education | Covered by s. 31(1)(b) | Depends on whether the child is under the parents' charge and unable to withdraw for "other cause"; decided on the facts |
| 18 or over, with an illness or disability | Covered by s. 31(1)(c) if unable to withdraw from the parents' charge | Covered if unable to withdraw or obtain the necessaries of life |
| 18 or over, working full-time and self-supporting | Generally not covered | Generally not covered |
| Married child | Not covered (s. 31(1) applies to an unmarried child) | Depends on the facts |
How the amount can change for an adult child
For a child under 18, child support is normally the table amount plus any special expenses; see how child support is calculated. For a child who is 18 or over, section 3(2) of the Ontario Child Support Guidelines gives the court two options: apply the guidelines as if the child were under 18, or, if that approach is inappropriate, set the amount it considers appropriate having regard to the condition, means, needs and other circumstances of the child and each parent's financial ability to contribute.
The second option often matters for students living away from home. If a child lives in residence for eight months of the year, paying the full table amount to the parent at home may not match where the money is actually spent. Courts may instead focus on the actual costs of school and living, the child's own earnings and savings, and what each parent can afford.
Post-secondary costs are commonly treated as special expenses. Section 7(1)(e) covers "expenses for post-secondary education", shared in proportion to income after deducting the child's contribution; see special or extraordinary expenses.
Adult children with disabilities
For an adult child who cannot become independent because of illness or disability, support can continue for as long as that remains true. Both the Family Law Act (s. 31(1)(c)) and the Divorce Act definition of "child of the marriage" cover this situation, and neither sets an end age.
The amount is often worked out under the second branch of section 3(2), because the table amount may not reflect the child's real needs. The court looks at the condition, means, needs and other circumstances of the child, including any income the adult child receives in their own right, and each parent's ability to contribute. Costs such as therapy, equipment, supported housing or day programs can be addressed directly.
The care an adult child needs can also affect spousal support. When a court sets spousal support under the Family Law Act, it considers whether a spouse has taken on the care of a child who is eighteen or over and unable to withdraw from the parents' charge because of illness, disability or other cause (s. 33(9)(l)(iii)). Planning for an adult child with a disability often involves estate and benefits questions as well, so it is worth addressing early.
What changes the answer
- The wording of the order or agreement. An agreement may set a clear end date or event. If it does, that usually controls unless it is varied.
- Full-time versus part-time study (FLA s. 31(1)(b)). The Family Law Act refers to a full-time program of education. A child who drops to part-time, takes a year off, or leaves school may no longer qualify.
- Disability (FLA s. 31(1)(c); Divorce Act definition). Support for an adult child with a disability can last indefinitely if the child remains unable to withdraw from the parents' charge.
- The child's own resources. Earnings, savings, scholarships and student loans can reduce the parents' share, especially of section 7 costs.
- Each parent's income. Accurate income matters for both the base amount and the section 7 share; see what counts as income for support.
- Shared arrangements. A child who splits time between homes during school breaks may raise shared parenting questions.
A worked example
For example, imagine a Toronto student who turns 18 in August and starts a four-year university program in another city in September. The child lives in residence from September to April and at the receiving parent's home in the summer. Their order says support continues while the child is in a full-time program of education.
The paying parent cannot simply stop paying on the 18th birthday: the child is still in a full-time program, so section 31(1)(b) applies. But the parents could agree, or ask the court, to restructure the support: perhaps the table amount during the four summer months, and for the school year a sharing of tuition, residence and books by income after the child's summer earnings and any scholarship. If the child later leaves school to work full-time, either parent could seek to end support from that point. This example is hypothetical and shows a common structure, not a fixed rule.
Common mistakes when a child turns 18
- Stopping payments on the birthday. If the order is still in force, the Family Responsibility Office may keep enforcing it and arrears can build; see what happens if support is not paid.
- Not updating the order when the child moves out for school. The structure that suited a 12-year-old rarely suits a university student. Seek a change by agreement or motion.
- Leaving the child out of the conversation. An adult child's choices, earnings and grades affect the outcome. Clear expectations help.
- Not asking for proof of enrolment. A reasonable term in an agreement requires proof of full-time enrolment and grades each term.
- Forgetting yearly disclosure. The guidelines' yearly update applies for every year the child remains a "child"; see yearly income disclosure.
- Delaying a claim for unpaid post-secondary costs. The longer a parent waits, the harder a claim for past costs becomes; see retroactive child support.
What to do this week
- Find your order or agreement and read the clauses on when support ends and on post-secondary costs.
- Get proof of the child's enrolment status and the program's costs (tuition, residence, books).
- Ask the child about their expected summer earnings, savings, scholarships and student loans.
- Gather your latest tax return and notice of assessment for an updated calculation.
- If you want to change or end support, put a proposal to the other parent in writing.
- Book a free consultation with us to review the options before any payment changes.
Frequently asked questions
Does support continue during a gap year?
Under the Family Law Act, the test is enrolment in a full-time program of education (or inability to withdraw for illness, disability or other cause). A child not enrolled and not otherwise dependent may not qualify during the gap, though an agreement may say otherwise.
Can the child apply for support directly?
Under the Family Law Act, an application for a dependant's support may be made by the dependant or the dependant's parent (s. 33(2)). An adult child can therefore be a party in some cases.
Can support be paid directly to the student?
Yes, if the parents agree or the court orders it. Many arrangements pay part to the child for living costs and part to the institution for tuition.
Is there an upper age limit?
Neither the Family Law Act nor the Divorce Act sets an age at which support must end. It turns on whether the child still qualifies. Support for an adult child with a disability can continue for many years.
What about a child who is 16 and moved out?
The Family Law Act says the obligation does not extend to a child who is sixteen or older and has withdrawn from parental control (s. 31(2)). Whether a child has truly withdrawn is a question of fact.
How do I change support when the child finishes school?
By a written agreement, through the Child Support Service where eligible, or by a motion to change. Our article on changing child support payments covers the options. Any spousal support linked to the child's needs may need review too; see changing or ending spousal support.