Do You Still Pay Child Support After 18 in Ontario? Adult Children and Post-Secondary Costs
Quick Answer
- Child support in Ontario does not automatically end when a child turns 18.
- Support may continue where an adult child remains dependent, most often because they are enrolled full time in a post-secondary program, or because illness or disability prevents them from becoming self-sufficient.
- Support does not automatically continue either, because entitlement depends on the child's circumstances rather than the child's age.
- For a child who is the age of majority or over, a court may order the table amount or, where that approach is inappropriate, a different amount the court considers appropriate.
- Post-secondary costs such as tuition and residence are typically treated as a section 7 expense and shared by the parents in proportion to their incomes, after deducting any contribution from the child.
Why the 18th Birthday Changes Less than You Think
An 18th birthday can feel like a legal finish line. For child support in Ontario, it usually is not one. Support follows whether a child still depends on their parents.
That catches many parents by surprise, and it is an easy assumption to make. It is also the assumption that causes the most expensive problems, because a court order or a filed separation agreement runs until it is formally changed. A parent who stops paying on the birthday usually still owes every missed payment.
The rules are knowable, and both parents can often work out where they stand from the same facts. This guide covers when support may continue, how much may be payable for an adult child, and how school costs are divided. It is a common question in Ontario family law.
Quick Start: Pick Your Path
Start with the situation that matches yours.
If you pay support
Do not change your payments yet. Check whether your order or agreement says anything about when support ends, then ask for written confirmation of your child's enrolment. Stopping first and asking afterwards is how arrears build.
If you receive support
Gather proof of enrolment, an itemized breakdown of tuition, residence, and mandatory fees, and details of any scholarships, bursaries, or student loans. The other parent may reasonably ask for all of it, and sharing it early shortens the conversation about child support.
If your child has a disability
Entitlement here does not depend on school. Where illness or disability prevents an adult child from becoming self-sufficient, support may continue whether or not the child is enrolled anywhere. The test differs depending on whether the parents were married.
When Child Support May Continue Past 18 in Ontario
Two terms do the work. The “age of majority” is when a person legally becomes an adult, which in Ontario is 18. A “child of the marriage” is the term the federal Divorce Act uses for a child who still depends on their parents.
Under section 2(1) of the Divorce Act, a child of the marriage includes a child who is the age of majority or over, is still under their parents' charge, and is unable, by reason of illness, disability, or other cause, to withdraw from that charge or to obtain the necessaries of life.
The words “post-secondary education” do not appear in that definition. Full-time study is the “other cause” courts most often rely on, which is why proof of enrolment matters so much even though the statute never names it.
Entitlement typically ends once a young adult becomes self-supporting. Leaving school for full-time work is the clearest example. A child who has withdrawn from their parents' charge may also fall outside the definition.
Married or Never Married: Which Law Applies to You
Section 31 of the Family Law Act sets the provincial obligation. A parent is required to support an unmarried child who is a minor, who is enrolled in a full-time program of education, or who is unable, by reason of illness, disability, or other cause, to withdraw from parental charge.
That third branch, section 31(1)(c), came into force on January 1, 2018. Before then, an adult child of unmarried parents could claim support only while in full-time school, even where a disability made self-support impossible. Older articles elsewhere often still describe the pre-2018 rule.
The section carries one express limit. The obligation does not extend to a child of 16 or older who has withdrawn from parental control.
| Divorce Act (federal) | Family Law Act (Ontario) | |
|---|---|---|
| Who it applies to | Married parents who are divorcing or already divorced. | Parents who were never married, and married parents who separate without starting a divorce. |
| The test for an adult child | A child at or over the age of majority, still under their parents’ charge, and unable, by reason of illness, disability, or other cause, to withdraw from that charge or to obtain the necessaries of life. (s. 2(1)) | An unmarried child who is a minor, who is enrolled in a full-time program of education, or who is unable, by reason of illness, disability, or other cause, to withdraw from parental charge. (s. 31(1)) |
| Is full-time education named in the statute? | NO Courts typically treat full-time study as the “other cause” that keeps an adult child dependent. |
YES Enrolment in a full-time program of education appears expressly in the section. |
| Express carve-out for withdrawal | A child under the age of majority must not have withdrawn from their parents’ charge. No separate age-based rule. | The obligation does not extend to a child of 16 or older who has withdrawn from parental control. (s. 31(2)) |
Nihang Law Professional Corporation · Law Society of Ontario. For informational purposes only; not legal advice.
How Much Support May Be Paid for an Adult Child
The table amount is the basic monthly payment set out in the child support tables, based on the paying parent's income and the number of children. Our guide to how the table amount is calculated covers that step.
Where the second branch applies, section 3(2)(b) points the court to the child's condition, means, needs, and other circumstances, together with each parent's financial ability to contribute. In plain terms, an adult child's own resources and both parents' incomes can enter the picture as they do not for a younger child.
The situation that most often prompts a second look is a child living away at residence for eight months of the year. The costs have moved rather than disappeared, and neither parent should assume the amount adjusts on its own.
Who Pays for Tuition, Residence, and Books
Post-secondary education has its own listed category under section 7(1)(e). It does not have to clear the separate “extraordinary” threshold that applies to private school fees and extracurricular activities, which sit in paragraphs (d) and (f). That distinction is often missed.
The expense still has to be necessary in relation to the child's best interests and reasonable in relation to what the parents and the child can afford. Section 7(3) also requires a court to account for subsidies, benefits, and tax credits tied to it.
There is no fixed split. Two parents with similar incomes may land close to even, and two parents with very different incomes usually do not. Our guide to section 7 special and extraordinary expenses covers the wider category.
Nihang Law Professional Corporation · Law Society of Ontario. For informational purposes only; not legal advice.
What to Do When Your Child Turns 18
- 1
Read the order or agreement first
Find the court order or separation agreement and read what it says about ending support. Some tie support to a stated event, such as a first undergraduate degree. Many say nothing, in which case the general rules apply.
- 2
Confirm enrolment in writing
Ask for written confirmation of enrolment: an acceptance letter, a course timetable, or a registrar's letter showing full-time status. This document settles more disagreements than any other.
- 3
Exchange income and expense information
Both parents typically exchange recent tax returns and notices of assessment, plus an itemized list of school costs and any scholarships, bursaries, or student loans. Proportionate sharing cannot be worked out without both incomes.
- 4
Try to agree in writing
Parents can agree on what happens next and put it in writing. A written agreement is faster and cheaper than a court motion, and it can cover the amount, the school expenses, and any change in enrolment.
- 5
Bring the change to court if needed
Where an agreement is not possible, ending or changing support goes through the court, and our guide to changing a child support order sets out that process. Until then, the existing order stands, and missed payments can build into arrears that may be enforced against the paying parent.
Nihang Law Professional Corporation · Law Society of Ontario. For informational purposes only; not legal advice.
Common Mistakes Parents Make After a Child Turns 18
- ●Stopping payment on the birthday. An order or a filed agreement continues until it is changed, so the money is usually still owed.
- ●Assuming the table amount simply continues. For an adult child, it is a starting point, and a court may set a different amount.
- ●Assuming support continues because the child enrolled somewhere. Entitlement depends on whether your child is still dependent.
- ●Treating an age as a legal cut-off. Ontario legislation sets no fixed upper age for child support.
- ●Applying the wrong statute. Married parents and never-married parents are governed by different legislation.
- ●Committing to tuition costs before exchanging income disclosure. Proportionate sharing needs both incomes first.
Frequently Asked Questions
Does child support automatically stop when my child turns 18 in Ontario?
Do I still have to pay child support if my child is in college or university?
Can I just stop paying when my child turns 18?
Who pays for tuition and residence after a separation in Ontario?
What happens if my child takes a year off school?
Is there an age when child support ends in Ontario?
Talk to an Ontario Family Lawyer About Adult Child Support
Child support after 18 in Ontario depends on whether your child is still dependent, not on their age, and for an adult child the table amount is a starting point rather than a given. Getting the enrolment facts and both incomes out early settles more than it costs.
Nihang Law works with parents on both sides of this question across Toronto, Scarborough, Brampton, and the GTA. Principal Lawyer Qasim Ali and our family law team are happy to talk it through.
Get in touchNihang Law Professional Corporation · Law Society of Ontario.
About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law, a combination that serves newcomers and growing families navigating both legal systems simultaneously.
Learn more about Qasim Ali →Sources and References
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 2(1) — definitions of “child of the marriage” and “age of majority” — https://laws-lois.justice.gc.ca/eng/acts/d-3.4/section-2.html
- Federal Child Support Guidelines, SOR/97-175 — s. 3(2) (a child the age of majority or over) and s. 7 (special or extraordinary expenses) — https://laws-lois.justice.gc.ca/eng/regulations/SOR-97-175/FullText.html
- Family Law Act, R.S.O. 1990, c. F.3, s. 31 — obligation of a parent to support a child, including s. 31(1)(c) in force January 1, 2018 — https://www.ontario.ca/laws/statute/90f03
- Ontario Child Support Guidelines, O. Reg. 391/97 — https://www.ontario.ca/laws/regulation/970391
- Government of Ontario — Arranging child support — https://www.ontario.ca/page/arranging-child-support
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