What is the test for establishing that a child is still a child of the marriage when they are 18 years old?

New Brunswick, Canada


The following excerpt is from W.C. v. P.C., 2016 NBQB 55 (CanLII):

Further support for that proposition together with the appropriate analytic framework were set out in Shelley v. Russell 2012 ONSC 920 (O.S.C.J.) at paragraph 34: The fact that Bailey and Cheyenne have both turned eighteen years of age and begun their post-secondary studies raises the issue of their ongoing entitlement to child support. Parents are not automatically obliged to pay child support for children who are of the age of majority or over. Entitlement depends on a finding that the children remain under the charge of a parent, and are unable because of "illness, disability or other cause" to withdraw from their charge or to obtain the necessities of life. The analysis of whether a child is unable to withdraw from a parent's "charge" focuses on whether the child remains financially dependent on the parent. The onus is on the party seeking support to establish that the child is still a "child of the marriage."

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