Can an adult child who pursues post-secondary education be considered a child of the marriage?
British Columbia, Canada
The following excerpt is from S.M.M. v J.P.H, 2019 BCSC 472 (CanLII):
I observe for the benefit of the parties that although T is currently no longer a child of the marriage, it is possible at law for him to re-acquire that status should his financial circumstances change for the worse. The law respecting whether an adult child who pursues post-secondary education may be considered a child of the marriage and thus entitled to some support is reviewed in Tome v. Furtado, 2018 BCSC 2280 at paras. 51–63, and is the analytical framework the court will likely apply should it be necessary in the future.
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