First of all, the reasons for this "dependance" may include medical circumstances or the pursuit of education. This post will focus on the second reason.
Let's take a fictional Sally, the 19-year-old daughter of Sam. Sally is attending college on a full-time basis and living with two roomates. She has a part-time job. She uses part of the money she earns for her tuition. Is Sally eligible for child support? - yes. Sally is incapable of supporting herself because she is attending school. She is doing the best she can with her part-time job. The manner in which Sam will pay support for Sally will be suited to her particular academic circumstances and living arrangements (he will contribute to her school expenses and her living expenses rather than pay the table amount of child support) but simply put - Sally is still eligible for support from Sam. The fact that she is over 18 is irrelevant given she is attending school.
John has a son, Peter, who is 22 and completing his last year at university. Peter lives with his Mom, Jenny, and works during the summer on a full-time basis planting trees in BC. He is physically away from Ontario all summer. Is Peter eligible to receive support from John? - yes. This time, because Peter is living with his mother, she will need some contribution to the expenses of her household and either the table amount or a portion of it will be payable by John to Jenny for the periods Peter is living with her. John will also be contributing to Peter's school related expenses.
I have provided you with only two of literally thousands of examples of situations involving older children. These children and their situations generate most questions around child support, similar to the question in the title of this post.
The manner in which child support will be paid for these children, and the amount of that support ,will depend on a host of circumstances, including the following:
1. what is this young adult doing - working, attending school?
2. where is he/she residing?
3. is he/she working and able to contribute to some of his/her own schooling costs?
4. is he/she enrolled in a reasonable program of study, with a reasonable prospect of graduating with a marketable skill?
This area of family law raises some important questions and many of the answers depend on the particular circumstances of each case - seek legal advice to see how these principles apply to your case.
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