In Alberta, the law on what constitutes a "child of the marriage" continues to evolve. There is a common misconception that when a child reaches the age of majority (18 in Alberta), he or she is no longer entitled to support. This is incorrect. Pursuant to the Divorce Act (Canada), if a child is over the age 18 but is unable to obtain the necessities of life, he or she may be entitled to child support.
Federal and provincial laws establish criteria for when an adult child is eligible for child support. Specifically, the Divorce Act states that if a child who is 18 or older is unable to obtain the necessaries of life, then he or she may be entitled to child support. The Family Law Act also establishes child support criteria for adult children.
Our Family Law clients often ask whether child support terminates automatically when children turn 18. The Divorce Act states that child support shall be paid for so long as a child who is over the age of 18 years of age is unable to obtain the necessaries of life. The Family Law Act uses similar criteria for children whose parents are not married.