If my child reaches the age of 18, do I still need to continue to pay child support?

The period of payment of child support is generally until the child reaches the age of 18. However, this period of payment is not absolute, and parents have an obligation to support their children who are minors or who are unable to live independently.

According to the relevant judicial interpretations, adult children who are still in school and receiving education at or below high school are children who cannot live independently, and shall continue to pay child support.

Article 12 of the Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts stipulates that adult children who have not yet lived independently shall still bear the necessary maintenance fees under any of the following circumstances, and the parents have the ability to pay:

1. Unable to work or not completely incapacitated, but their income is not enough to maintain their livelihood;

2. Those who are still in school;

3. There is no ability and conditions for independent living.

Analysis of South Korean strong lawyers of Shandong Yonghui Law Firm:

Parents are required to pay for adult child support in the following situations:

Scenario 1: The child is still receiving high school education or less, although he or she has reached adulthood.

In the second case, the child loses or does not completely lose the ability to work. If the children have the ability to work and the parents do not pay child support, the needs for college can be raised through work-study, part-time work during vacations, etc., and they can also apply for student loans to maintain their normal personal life.

Parents are also required to take care of adult children who are unable to maintain a normal life due to other reasons.

In exceptional circumstances, parents still have an obligation to support their adult children

Hello, if the child is still in school and has no income** or his income is not enough to support himself, the parents should still pay the necessary maintenance if they are able to pay.

Although the child has reached the age of eighteen, he is still studying, how can he have a life, he must pay for living expenses.

1. The obligation of parents to raise their children ends until the child is 18 years old. Under normal circumstances, parents over the age of 18 have no legal obligation to support the child, including child support during the period of college, and the parents have no legal obligation to pay. The judicial interpretation of the Supreme People's Court clearly points out that when a child is over 18 years old and the parents are still required to fulfill the obligation of child support, it means:

1) The child is still in high school education or below; (2) The child is unable to maintain a normal life for non-subjective reasons. 2. After the divorce, the children's college tuition is no longer the legal obligation of the parents, and the question of who bears it can only rely on the negotiation and support of both parents, if the child is not yet a minor, and there is no ability to live independently, the parents have the legal obligation to bear child support, but the law stipulates that the payment of child support is up to the age of 18, and the two parties can only negotiate the future expenses, and if the negotiation fails, they cannot ask for legal support.

Article 26 of the Civil Code of the People's Republic of China: Parents have the obligation to raise, educate and protect their minor children. Article 1058 of the Civil Code of the People's Republic of China: Husbands and wives equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children. Article 1067 of the Civil Code of the People's Republic of China: Where parents fail to perform their obligation to support their brothers, minor children or adult children who are unable to live independently have the right to ask their parents to pay child support as soon as possible.

Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

Legal Analysis: Parents' obligation to raise their children ends at the age of 18. Under normal circumstances, parents who are over 18 years old have no legal obligation to support them.

Including child support while the child is in college, parents are no longer legally obligated to pay. The judicial interpretation of the Supreme People's Court clearly points out that when a child is over 18 years old and the parents are still required to fulfill the obligation of child support, it refers to: 1. the child is still receiving high school education or less; (2) The child is unable to maintain a normal life for non-subjective reasons.

Legal basis: Article 1085 of the Civil Code of the People's Republic of China After divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

There is generally no maintenance after the age of 18. However, there are special circumstances. For example, those who are still in school and have received a high school education or less, and adult children who have lost or partially lost the ability to work and are unable to maintain a normal life due to non-subjective reasons.

[Legal basis].

Article 1067 of the Civil Code of the People's Republic of China.

If the parents do not fulfill the obligation to support them, the minor children or adult children who are unable to live independently have the right to demand that the parents pay child support.

Article 53 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

The period of payment of child support is generally until the child reaches the age of 18.

Parents who are over 16 years old but under 18 years of age, whose main livelihood is their labor income, and who are able to maintain the general living standard of the locality, may stop paying child support.

Article 41.

Adult children who are still in school and receiving education at or below high school, or who are unable to maintain a normal life due to non-subjective reasons such as losing or partially losing the ability to work, may be found to be "adult children who are unable to live independently" as provided for in article 1067 of the Civil Code.