Yes. Parents have a legal obligation of support toward their children, and vice versa. The obligation does not terminate once your child reaches the age of majority. This means that a court can order you to pay support to your adult child to assist him on his path towards becoming financially independent.

The fact is that there are far more 18-year-old children dependent on their families today than there were fifty years ago. Evidence of this is the growing number of support orders in favour of adult children.

You can satisfy your support obligation by offering to have your adult child live with you. Where this solution is feasible, housing your child may completely or partially replace paying support.

The parent of an adult child can apply for support on the child’s behalf. An adult child can also apply for support on his own behalf. If a parent applies for support for an adult child, a number of conditions must be met:

• If support is sought during divorce proceedings, the child must be in the charge of his parent and be unable to support himself because of illness, disability, or for some other legitimate reason.
  
  
• If support is sought outside of divorce proceedings the child must be unable to support himself and must not object to the application for support. Also, the parent who makes the application must be at least partially subsidizing the adult child.

Aside from illness or disability, it is now generally accepted that an adult child who is seriously pursuing full-time studies remains eligible for support. The courts have examined this question on many occasions and will generally look at a number of factors to determine whether the child is capable of supporting himself and whether his studies are serious. These factors include: the duration of studies, the cost, academic achievement, the parents' and child’s income, etc. The goal is to help the child receive an education that will enable him to secure employment that will be sufficient to meet his basic needs.

Support for an adult child can be calculated according to the tables used for minor children. However, if the court feels that it would be more appropriate, it can set support at a level that is different from that which would be directed by the guidelines.

If the court decides on an amount of support that is different from the amount directed by the guidelines, it will do so by considering a number of factors. These include: the age of the child, his health, level of education or nature of his studies, civil status, place of residence, degree of autonomy, and any other factors the court deems relevant.

If the adult child applies for support on his own, the court will calculate the child’s actual expenses without reference to the tables. The court will then analyze the adult child’s employment income or ability to earn an income, to establish the share of expenses he can assume himself.

It all comes down to evaluating the adult child’s actual situation and stressing his responsibility to contribute to his own economic maintenance, according to his capacity to pay. The parents’ financial situation is also an important element to consider in the final calculation.

It is quite common that a child pursuing studies at the vocational, college, or university level, changes his mind and enters another field of study. However, in order to be entitled to his parents’ financial support, he must have a good reason for changing fields, and not simply want to be a perpetual student.

It is important to look at the education he has already received before changing his career goals. He may be justified in changing programs if the previous program did not suit him, or offered little chance of success given his ability. However, it will be more difficult to justify support if his existing field of study offers interesting employment opportunities

For example, Martin is studying pure and applied sciences at Cegep. His marks are acceptable, but he realizes that the courses are getting more difficult for him and he in fact has little interest in science. After three semesters, he decides to enrol in communications. It will take longer to complete his studies, but his parents should support him during this additional period of schooling.

Normally an adult child with a bachelor’s degree from a university should be in a position to find work and entirely support herself.

However, there have been some cases where parents have had to financially support their adult child even at this level of studies. These cases are rare, but may be justified by the child’s attitude towards her education (very serious studies, specialized studies planned for many years), the parents’ encouragement, their financial situation, etc.

For example, Delphine’s parents have known for a long time that she wants to become a dental surgeon. They have always encouraged her to study. She works part-time, but cannot fully support herself until she has completed her studies. Her parents must continue to support her because their income is high enough to satisfy some of their daughter’s needs.

Sometimes support is calculated based on the adult child’s total expenses. Other times, the parents must pay specific expenses where the child provides supporting evidence.

Transportation costs, such as a monthly bus pass, will often be included under applicable school expenses. In certain cases, the cost of a bus pass can be replaced by the cost of a parking permit if the child has to travel by car.

For example, Mario has to borrow his father’s car to get to class. To get there by public transportation would take three times as long because he lives in an outlying area. A co-worker drives his father to work. Mario asks his mother for support, including the cost of parking. This expense may be allowed under the circumstances.

Any case involving major expenses, such as buying a computer, will be studied on its own merits. This expense may be allowed or rejected for different reasons, such as the child’s and the parents’ financial situation.

An adult child who lives in an apartment with a partner or a roommate is not automatically excluded from seeking support from her parents.

Obviously the needs of an adult child will be calculated according to the household expenses shared with the other person. Sometimes the program in which the child wants to pursue studies is not offered close to the parents’ home. Other times, the relationship between the adult child and the parent(s) makes it too difficult to live at home. Whether the parents live together or not, and whether the adult child can live with her parent(s) are among the several factors considered when deciding whether to grant support.

For example, Louise dropped out of school a year ago and went to live in an apartment in Montreal with a friend. Her parents did not accept her decision. The young woman finally decided to continue studying psychology, but her parents refused to help her financially. In addition, Louise cannot return home to live because her relationship with her parents is too tense. The fact that she shares an apartment with her friend is only one of several elements the court must consider and is not grounds in and of itself for refusing her application for support.

The Civil Code of Québec provides that, under certain circumstances, parents and children owe each other the duty of financial assistance. A child may be unable to meet his own needs due to disability, physical or psychological handicap, or illness.

For example, a mother was ordered to pay support to her 40-year old daughter where it was established that the daughter’s mental health was not serious enough to require hospitalization, but did prevent her from entering the job market. The court noted that the mother, not the state, should be responsible for meeting the adult child’s needs and the mother’s financial situation easily enabled her to do so.

There have been cases where an adult child studying part-time was awarded support. These cases are very rare and happen in exceptional circumstances. It is possible that an adult child has learning difficulties that prevent him from studying full-time, and that he is very determined to further his education. In such a situation, the child may receive support to enable him to complete his education.

Yes, you will have to pay continue paying support until it is cancelled by a court order, or you and the other parent agree to cancel the support or end the payments. Note that the Ministère du Revenu will continue to automatically collect support until it is cancelled by an official judgment, regardless of any reasons you may offer.

You cannot stop paying support just because your child has turned 18, even if you pay the other parent directly. In order to end support, it is essential that your child has become financially independent, which rarely coincides with a child’s eighteenth birthday.

Where child support is concerned, if there is no agreement between the parents, it is necessary to comply with the existing judgment. If the judgment stipulates that the support is payable to the other parent, then the support must be paid to that parent.

In order to pay the support to the adult child it is necessary to have the other parent agree to this arrangement. If the other parent will not agree, you will have to ask the court for a judgment changing the person to whom the support is to be paid.

The courts are generally reluctant to order that support be paid directly to an adult child when she still lives with her parent and her parent continues to subsidize her living expenses.