Parents’ alimentary obligation towards their minor child is well established. But what happens when a child has come of age?
The fact for a child to reach his majority does not automatically put an end to his parents’ alimentary obligation. Indeed, a child who has come of age may benefit from a financial support from his parents when he is unable to provide for his own needs, either because he is attending school full time or due to sickness or disability.
On the other hand, it has been established that alimentary support will not systematically be awarded to a child in need who has already reached his majority, even though his parents are well off financially. The alimentary obligation is not a subsidy to indifference, laziness or whims.
Most of the time, a child who has reached his majority will be considered as dependent once he has been able to demonstrate that:
- he has no other means of support;
- he has taken all necessary measures to provide for his own needs;
- he is physically or mentally unable to provide for his own needs;
- he doesn't receive any financial support from any other source whatsoever, or the support he receives is clearly insufficient to assure his livelihood.
A child who has come of age and who puts a definite end to his studies could not justify requiring alimentary help from his parents if he doesn’t put any efforts in finding a job or acquiring his own financial independence.
If he is pursuing studies, he could be considered as being at his parents’ charge, depending on the type of studies he is engaged in, his seriousness, the fact that he succeeds, his parents’ financial situation and their level of education.
Studies must be more than a hobby. They must be pursued diligently, keeping in mind the final goal.
Generally, a child who pursues professional or collegial studies will be considered dependent. Academic studies are no longer regarded as a luxury and the fact of obtaining a university diploma is considered, nowadays, as a necessity of life.
Parents may demand from their child that he contributes financially to his own needs, by working part time during his studies and full time during the summer. Of course, the type of studies the child pursues must allow him to hold such a job. For example, a full time job would be incompatible with full time studies.
Fees related to studies must be given a wide interpretation. They usually cover tuition fees, transportation fees, registration and exam fees, the cost of teaching aids and school supplies, as well as accommodation fees if need be.
The fact that their child chooses to temporarily interrupt his studies does not systematically relieve parents from their alimentary obligation. A return to studies, even after a long leave, could be considered as a necessity.
Parents’ alimentary obligation is not justified when their child continues attending school in the only purpose of maintaining such an obligation; notably, when the child’s school results are poor or when he seriously neglects his studies.
On the other hand, a child that is engaged in a common law relationship could be considered as dependent, if he pursues studies and is unable to provide for his own needs.
Of course, each case is unique. If a child’s seriousness and success in his studies are factors to consider, the parents’ financial capacity to contribute to their child’s needs for the pursuit of such studies must also be taken into consideration.
Even though education duties extinguish with majority, the alimentary obligation could prolong much after that transitional date.
The present article is not a legal opinion and is published for information purposes only. For more information concerning this subject or any related subject, please do not hesitate to contact the writer or one of our professionals.