“On an initial application for child support pursuant to s. 15.1(1) of the Divorce Act, a court may make an order for the payment of child support for “any or all children of the marriage”. For children who are at the age of majority or older, s. 2(1) of the Divorce Act defines them as being a “child of the marriage” if they are “under [parental] charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life”.
When a parent claims child support for a child who is at the age of majority or older, that parent has the onus of proving that the child remains under parental charge: Whitton v. Whitton (1989), 1989 CanLII 8868 (ON CA), 21 R.F.L. (3d) 261 (Ont. C.A.), at p. 263; Dring v. Gheyle, 2018 BCCA 435, 430 D.L.R. (4th) 181, at para. 49; Olson v. Olson, 2003 ABCA 56, 225 D.L.R. (4th) 735, at para. 13. This onus can be satisfied by identifying circumstances such as, for example, the child being enrolled in higher education: see W.P.N. v. B.J.N., 2005 BCCA 7, 249 D.L.R. (4th) 352, at para. 18.”