Who qualifies as a “child” for the purposes of Child Support?
A child is defined under the Divorce Act as a child of a marriage. A child of marriage means a child of two spouses or former spouses who, at the material time, is under the age of 18, and who has not withdrawn from their parents care/control, or is 18 years of age or older and is under the care of one their parents but is unable to withdraw from their care/control or obtain the necessities of life for themselves by reason of illness, disability or other cause. It is generally accepted that a child who is diligently pursuing (not merely enrolled in) their first undergraduate degree or diploma through post-secondary education is unable to withdraw from parental care/control and therefore in need of support. BUT the courts will make this determination on a case by case basis after evaluating the reasons behind the child being unable to withdraw from parental care/control. Under the Ontario Family Law Act, child support can only be claimed by someone under 18 or over 18 and in full time p
