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Previously, the Family Law Act only provided for child support to be ordered past the age of majority when a child was in full-time studies, and only until the child turned 22. The Act amendments allow the courts to order support for children who are over the age of majority and are unable to withdraw from their parents' care due to illness, disability, being a full-time student or "other cause". The age limit on the term of child support payable has also been removed. These changes bring Alberta’s legislation in line with the Divorce Act.
Child support past the age of 18 for medical reasons
The MEP cannot weigh evidence and decide if a child over the age of majority should be eligible for child support (PDF, 63 KB). The MEP will continue to rely on the wording of each order being enforced, to determine how that support should be enforced.
MEP’s child status policy has not changed.
These orders, which do not specify when maintenance ends, are granted before the child’s age of majority.
MEP’s current policy will apply, and support will only continue past the age of 18, up to age 22 if the child is a full-time student. If child support should continue after the age of majority due the child’s illness or disability, the client will need to provide the MEP with a new court order or provide a signed agreement from both parties to continue maintenance payments.
These orders, which clearly specify when maintenance ends, are granted before or after the child’s age of majority.
If a court order specifies maintenance continues due to the child’s illness or disability, MEP will continue to enforce support according to the order terms (for example: continues indefinitely, continues until further order of the court, continues until age 40).
Connect with the Maintenance Enforcement Program.
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