Can an adult who attends university be considered a child of the marriage under the Divorce Act?
Manitoba, Canada
The following excerpt is from Thompson v. Thompson, 2010 MBQB 7 (CanLII):
An adult who attends university full-time may be a “child of the marriage” as contemplated by section 2(1)(b) of the Divorce Act and entitled to support, provided she is unable to “obtain the necessaries of life” or is unable to withdraw from “parental charge”. That being said, “A child who is in full-time attendance at a university may be able to withdraw from the charge of a parent. However, all factors must be considered.” See Hrechka v. Andries, 2003 MBQB 84, at paragraph 25.
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