Yes, depending on his situation and yours, you could have a “support” obligation toward your adult child.

A parent can be required to financially support his child beyond the age of 18.
This financial support, called an "alimentary pension", should be designed to meet basic needs and provide a decent life for the child. A parent is not obliged to satisfy the whims or reward the laziness of his adult child.

It is important to note that, in some circumstances, parents in need can ask for support from their child.

Depending on the situation, support can be requested by:

• an adult child who is suing one or both of his parents, or who is intervening in their divorce file
  
• one of the adult child’s parents. (This parent is suing the other parent to get child support for the adult child.)

For example, Hélène and Louis-Riel are getting divorced. Their 19 year-old son, Luc, lives with Hélène and is pursuing studies in Cégep. In her divorce papers, Hélène asks Louis-Riel to pay support for Luc.

Warning! The parent who claims support from the other parent for the adult child must meet certain conditions:

1) Divorce File

The adult child must still be under the care of this parent, and unable to support himself due to illness, disability or some other legitimate reason.

2) Other File (e.g., legal separation, separation of de facto spouses)

The adult child must be unable to support himself, and must not object to the application for support made by his parent. Also, the parent making the request must be at least partly providing for the child’s needs.

To find out who should apply for support in your particular situation, and the procedure to follow, consult a lawyer.

No, you must continue paying child support until it is cancelled by a court order. If you've come to an agreement in writing with the other parent to stop paying child support, it is important to have this agreement confirmed by an officer of the court, but at the same time give your child a chance to object.

When support is automatically collected by the Minister of Revenue, it will continue to be collected until a formal court decision indicates it is cancelled, no matter what reasons you give for having it cancelled.

For example, Alexia pays $500 per month in support for her son, Stéphane. Stéphane turns 18 and Alexia stops paying. Three months go by, and the Minister of Revenue continues to add up the amounts owed by Alexia. Alexia now owes $1,500 to the Minister!

Note that the purpose of support for an adult child is not the same as support for a minor child (child under 18). (See the question "When can I be required to pay or continue to pay child support for my adult child?").

A lawyer can help you review your child's situation to determine:

• if he still needs support
  
• if it is appropriate to ask a judge to reduce or cancel the amount of support you are paying

Yes. You can offer to take him into your home. When this is possible, it can fully or partially replace the payment of support.

When your adult child cannot support himself.

Unless he is ill, or physically or mentally unable to do so, he must take all possible steps to meet his needs on his own (e.g., get part-time job while studying).

If someone else is helping him meet his needs (e.g., his grandparents, the government), you will only have to pay support if this contribution is not enough to meet his needs.

As for you, you must have the means to help him. So, if you are barely able to meet your own needs, you will not have to pay support for your adult child.

Yes. The following examples are taken from real cases where a judge ruled that a parent had to pay support for his adult child. The child received support because he:

• wanted to attend college, university, or even complete a master's or doctorate degree
  
• suffered from a personality disorder, and needed help during the transition period between the end of his studies and entering the job market
  
• suffered from cerebral palsy and, although he had graduated, had not yet found employment
  
• had Down syndrome, and could not meet his own needs
  
• had fragile mental health that, while not requiring hospitalization, prevented him from getting a job. The adult child in this case was a 40-year-old woman. (Her mother’s financial situation allowed her to assume this burden without any trouble.)

Besides the general criteria mentioned in the answer to the question “When do I have to pay or to continue to pay child support for my adult child?”, the judge will look at:

• your child’s age
  
• his health
  
• his academic performance
  
• the type of studies he wants to pursue
  
• his academic path to date
  
• the seriousness of his request
  
• the efforts he is making to meet some of his needs
  
• his income and yours
  
• his expenses
  
• your level of education. (For example, if you have a university education, it is normal to offer the same opportunity to your child.)

For example, Marcil wants the help of his parents to get a CEGEP degree in acupuncture. He does not work and is not looking for a job. He is 22 years old and previously trained in policing techniques, but did not finish this training. He thought it was too demanding physically. Later, he wanted to take a technical training program to become a dental hygienist. He also abandoned this because, in the end, he decided it didn’t really interest him. At any rate, his grades were poor. Marcil is unlikely to get support from his parents.

It depends. To be entitled to your financial support in these circumstances, your child must have a serious reason for changing programs, and not just be wasting his time.

For example, if your child decides the program was not a good choice, given his capabilities, he could be justified in making a change. However, if he had nearly completed the program, and the training allowed him to get a worthwhile job, it will be harder for him to justify his decision.

Your child’s past examined: even if judges tend to give a chance to adult children who want to change programs for the first time, these same judges often refuse to force a parent to pay child support for a child unable to settle on a program, who has abandoned programs or failed his courses several times.

To make sure the child is serious, and that he stays motivated, judges sometimes include conditions in their judgments:

• They limit the length of the support. For example, "Orders the defendant, the father, to pay child support of $100 per month to his son Benoit until the end of his studies, and at the latest until May 2013”
  
• They lay down conditions the child must respect. For example, "Orders the adult child, Benoit, to provide a copy of his registration in the medicine program to his father, the defendant, as well as a copy of his class schedules and all transcripts.

Yes, it’s possible. Some judges reduce the amount of support they order the parent to pay, or cancel it altogether, if the adult child is disrespectful.

Other judges feel that the attitude of the child is not a factor.

Don't hesitate to consult a lawyer if you find yourself in this situation.

Yes. Just because your daughter is living with a partner (or roommate) does not automatically mean she is autonomous and does not need your financial assistance.

Of course, the fact she is living with someone is one factor among others that will be considered when deciding on her level of independence and her financial needs.

If one of the parents applies on behalf of the adult child

Support for an adult child can be calculated the same way as for minors, using the table and the form for determining child support payments.
However, the judge has the right to decide on a different amount if she thinks it would be more appropriate given the circumstances.

To order a support amount different from the one obtained using the table and form, the judge will take into account a variety of factors, including the child's age, his health, his level of education, the nature of his studies, his civil status (for example, whether he is married), the place he lives, his level of independence, the amount he earns and any other relevant factors.

If the adult child applies on his own

If the adult child applies for support on his own, the judge will calculate his needs without relying on the table and the form. She can, however, use the table and form as a starting point. For example, the judge will look at the income of the adult child (or the income he could earn if employed) to decide the expenses he can pay himself.

In all cases, the judge will analyze the adult child’s situation, keeping in mind that he is responsible, to the extent possible, for meeting some of his needs. The financial situation of his parents will also be an important part of the calculation.

No. Even if his father agrees, it is better to follow certain steps (have the existing order modified, make a written agreement, etc.) to make the change properly. A lawyer can advise you on the best procedure to follow.

Of course, if his father does not agree that you can pay the support directly to your son, it will be up to a judge to decide. It is important to note that judges are generally reluctant to order that support be paid directly to the child if the child still lives with the other parent, and that parent provides for his needs like when the child was a minor.