What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support?

British Columbia, Canada


The following excerpt is from Sahota v Sahota, 2021 BCSC 470 (CanLII):

The factors to consider in determining whether a child who has reached the age of majority but who attends post‑secondary school, remains a child of the marriage and entitled to support, are summarized in Lee v. Chung, 2014 BCSC 1157, at para. 163. These so-called Farden factors are: 1. Whether the course of studies is part time or full time; 2. Whether or not the child has applied for, or is eligible for, student loans or other financial assistance; 3. Whether the career plans of the child are reasonable and appropriate; 4. The ability of the child to contribute to his/her own support through part‑time employment; 5. The age of the child; 6. The child's past academic performance and whether the child is demonstrating success in the chosen course of studies; 7. What plans the parents made for the education of their children, particularly where those plans were made during co‑habitation; 8. In the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.

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