What is the test for determining whether a child who is over 19 years of age is still a dependent?

Nova Scotia, Canada


The following excerpt is from Gagnon v. Gagnon, 2012 NSSC 407 (CanLII):

Whether a child who is over 19 years of age is still a dependent is to be decided on a case-by-case basis. There is no arbitrary cutoff point based on age or scholastic attainment, although proving dependency becomes more difficult as a child grows older and/or obtains a first degree or other advanced level of education or training. As a general rule, parents of students will remain responsible until the child has reached a level of education commensurate with the abilities he or she has demonstrated, which fit the child for entry level employment in an appropriate field. In making this determination the trial judge cannot be blind to prevailing social and economic conditions and it is recognized that a bachelors degree no longer assures self-sufficiency. (Martell v. Height, (1994) 1994 NSCA 65 (CanLII), 130 N.S.R. (2d) 318 )

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