Is a Child Over 18 Still Entitled To Child Support?

1. Legal basis for the obligation to support adult children

The child support obligation of parents towards their children is fundamentally regulated by the Law on Marriage and Family 2014. Specifically, Article 110 of the Law on Marriage and Family 2014 clearly stipulates the child support obligation of parents:

"Parents have the obligation to support their minor children, or adult children who are incapable of working and have no property to support themselves, in cases where they do not live with the children or live with the children but violate their support obligations."

In addition, Clause 1, Article 118 of the Law on Marriage and Family 2014 regulates the cases where the child support obligation terminates. Accordingly, the support obligation shall terminate when:

• The person receiving support has reached adulthood and has the capacity to work or has property to support themselves;

• The person receiving support is adopted;

• The person providing support has directly raised the person receiving support;

• …

Thus, based on the above legal grounds, reaching the age of 18 does not automatically terminate all child support obligations of the parents. The law clearly distinguishes between minor children (under 18 - entitled to default support) and adult children (over 18 - only entitled to support when meeting statutory conditions).

2. Mandatory conditions for children over 18 to receive child support

For an adult child (aged 18 or older), the right to request child support from parents only arises if both of the following groups of conditions are simultaneously met:

2.1 Condition 1: Capacity status and ability to work

The child must fall into one of two categories: Loss of civil act capacity or Inability to work. Specifically:

• Child who has lost civil act capacity: A person with a mental disease or other diseases who cannot perceive or control their acts, and for whom there is a Court decision declaring the loss of civil act capacity.

• Child who is incapable of working: A person with a severe disability, an exceptionally severe disability, or a chronic fatal disease that prevents them from participating in labor to generate income.

2.2 Condition 2: Property status and ability to support oneself Parallel to the inability to work, the child over 18 must have no property to support themselves. If a child over 18 is disabled or unable to work but owns separate property (inherited, gifted, or savings) and the income from that property is sufficient to cover minimal living expenses, the parents are not legally compelled to provide support.

2.3 Important legal issue: Are children over 18 studying at University/College entitled to child support?

This is the most common practical dilemma. Many believe that when a child is in University and not yet earning money, parents still have a support obligation. However, from a legal perspective: University/College students aged 18 and over, if completely healthy and possessing full civil act capacity, are legally considered capable of working.

Therefore, the Court will not force parents to fulfill a legal child support obligation for a child attending university if the parents do not volunteer. Providing financial support for a child's higher education falls under moral responsibility, family affection, or voluntary agreement between parties, rather than a coercive legal obligation.

3. Illustrative examples

Example 1: Case of mandatory support for a child over 18 Mr. A and Ms. B divorced when their son, C, was 10. The Court ordered Ms. B to directly raise C, with Mr. A paying monthly support. When C turned 18, he suffered a severe traffic accident resulting in total paralysis, an 85% loss of working capacity, being bedridden, and having no separate property. In this scenario, although C is 18, he falls under the status of 'incapable of working' and 'having no property to support himself'. Therefore, Ms. B has the right to request Mr. A to continue his child support obligation for C.

Example 2: Case of non-mandatory legal support Mr. D and Ms. Y divorced. Their daughter, N, just turned 18 and was admitted to a University in Hue. N demanded that Mr. D provide 5 million VND per month for tuition and living expenses until graduation. Mr. D refused due to financial difficulties. If N files a lawsuit, the Court will reject N's claim. Reason: N is 18, completely healthy, and capable of working (she can work part-time or temporarily suspend her studies to work), thus she does not meet the conditions under Article 110 of the Law on Marriage and Family 2014.

4. Support levels, implementation methods, and common disputes

4.1 Support levels:

According to Article 116 of the Law on Marriage and Family 2014, the level of support is agreed upon by the parties based on the income, actual financial ability of the provider, and the essential needs of the recipient. If an agreement cannot be reached, a request can be made to the Court for resolution. The level of support can be modified if there are justifiable reasons.

4.2 Support methods:

According to Article 117 of the Law on Marriage and Family 2014, child support can be implemented periodically (monthly, quarterly, half-yearly, yearly) or in a lump sum. The parties may agree to change the method of support or temporarily suspend the support if the provider falls into severe economic hardship and is unable to fulfill the obligation.

4.3 Common practical disputes

In the practical resolution of marriage and family disputes, child support for children over 18 often triggers the following primary conflicts:

• Disputes over the ability to work: The custodial party claims the child has a chronic illness and cannot work, while the supporting party argues the child is faking the illness or is healthy enough to do light work.

• Requests for University tuition support: The custodial parent sues to demand the other party pay half of the child's university tuition. For this type of dispute, Courts consistently maintain the stance of rejecting the petition if there was no prior voluntary agreement.

5. Conclusion and legal recommendations

In summary, the answer to the question "Is a child over 18 still entitled to child support?" is Yes, but only in special cases. The age of 18 marks legal maturity, terminating the parents' default support obligation. This obligation is only maintained if the child loses civil act capacity, is incapable of working, and simultaneously lacks the property to support themselves.

Recommendations:

1. For parents: It is advisable to build a spirit of willingness, supporting children through their vocational training or university years based on love and actual economic conditions, rather than treating it as a coerced obligation.

2. For the supported child (or their representative): When a child support dispute arises for a child over 18, it is essential to prepare complete medical evidence (Medical Assessment, Disability Certificate) and proof of property status before requesting Court intervention.