In New Brunswick, child support does not automatically end when a child turns 19 (the age of majority). If your adult child is enrolled in a full-time university or college programme, or cannot support themselves due to a disability, you may still be legally required to pay child support under the Federal Guidelines.
Many parents mistakenly believe that their financial obligations to their children magically disappear on their 19th birthday. In New Brunswick, 19 is indeed the legal age of majority, but family law takes a much broader view of dependency. As education costs rise, many young adults rely on their parents well into their twenties to afford tuition, housing, and groceries. 🎓
Under Canadian family law, a child who is over the age of majority but remains unable to withdraw from their parents’ charge is still considered a “child of the marriage” or “child of the relationship.” Whether your child is attending the University of New Brunswick in Fredericton or a community college in Moncton, understanding your ongoing support obligations is critical to avoiding legal trouble and mounting arrears.
Step-by-Step Process in New Brunswick
Determining if and how much you need to pay for an adult child requires careful assessment. If you believe your support obligations should change, you must follow the proper legal channels through the Court of King’s Bench. 📍
Step 1: Assess the Child’s Dependency Status
The first step is determining if the adult child actually qualifies for ongoing support. Generally, full-time enrollment in a post-secondary educational institution justifies continued support, at least for their first degree or diploma. However, if the child is working full-time, taking only one class, or taking a “gap year” without a plan, they may no longer be considered a dependent.
Step 2: Calculate the Appropriate Support Amount
For adult children, support is often calculated differently. 🧐 Section 3(2) of the Federal Child Support Guidelines gives parents and judges flexibility. You might continue paying the standard table amount, or you might calculate the actual costs of the university (tuition, books, residence) and divide those expenses proportionally based on both parents’ incomes. The child is also usually expected to contribute through part-time work, student loans, or scholarships.
Step 3: Update or Terminate the Agreement
You cannot simply cancel your direct deposits. If you pay through the Family Support Orders Service (FSOS), you must formally update your file. You and the other parent can draft an updated Separation Agreement acknowledging the change in support. If the other parent refuses to agree that the child is no longer dependent, you will need to file a Motion to Change at the Court of King’s Bench to have a judge formally terminate or adjust the order.
How Much Does it Cost in New Brunswick?
Adjusting support for an adult child involves some administrative and legal costs, especially if the parents disagree on the child’s status. 💰
- Out-of-Court Agreement: Drafting an updated agreement through a mediator or family lawyer typically costs between $500 and $1,500 CAD.
- Court Filing Fees: Filing a Motion to Change a support order at the New Brunswick Court of King’s Bench costs roughly $75 CAD.
- Litigation Costs: If you must go to court because the other parent insists on support for a child you believe is independent, lawyer fees can easily range from $2,500 to $5,000 CAD.
How Long Does the Process Take?
If you wait until the last minute to review your support order, you may end up overpaying while waiting for the legal system to process your changes. ⌚
| Process Stage | Typical Timeline |
|---|---|
| Requesting Proof of Enrollment | Usually provided by the start of the semester (September) |
| Negotiating a New Agreement | 3 to 6 weeks |
| Court Motion to Terminate Support | 2 to 5 months for a hearing date |
Frequently Asked Questions (FAQ)
Do I have to pay for a second degree or a Master’s programme?
Usually, parents are only obligated to support their child through their first undergraduate degree or college diploma. However, courts occasionally order support for a second degree if it was part of the family’s expectations prior to separation and the parents have the financial means to pay.
What if the child moves away to attend university in another province?
If the child lives away from home for school, the primary parent may no longer need the standard monthly table amount. Instead, parents often transition to paying a proportional share of the child’s tuition, rent, and living expenses directly, or calculating support for the months the child returns home for the summer.
Does child support automatically stop with FSOS when they turn 19?
No. The Family Support Orders Service (FSOS) in New Brunswick will continue to enforce the existing court order until they receive a new court order terminating support, or a written agreement from both parents confirming the child is no longer a dependent.
Can the child sue me directly for support?
In some circumstances, an adult child over the age of majority can apply to the court for support from their parents under provincial legislation, though it is more common for the primary parent to seek the support on the child’s behalf under the Divorce Act.
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