Adult-ish - Still on the Payroll After 18

In Hong Kong, the ability for one parent to apply for financial support from the other parent for an adult child (over 18 years old) is limited and depends on the specific circumstances. There are a range of Orders that can be made in matrimonial proceeding (under the Matrimonial Proceedings and Property Ordinance (“MPPO”), such as periodical payments (child support), secured periodical payments and/or a lump sum and/or transfer of or settlement of property. These applications by a parent (often unmarried parents), or guardian, can also be made for the benefit of a child outside of matrimonial proceedings under the Guardianship of Minors Ordinance (“GMO”).

When deciding if it should make such Orders, the Court will focus on the child's best interests as the paramount consideration and take into account, their needs, resources, health condition, standard of living enjoyed during the marriage, the parents’ expectation as to the level of education the child will have and the parents' ability to provide for their children.   Subject to the existence of certain circumstances, no Order for financial support for a child of the family shall be made in favour of a child who has attained the age of 18 years. 

That is to say standard child maintenance ends when the child reaches 18 (the age of majority), but extensions beyond that age are common and usually made to ensure the child is financially supported whilst they are attending university or other full-time education or training.  For support beyond this, extensions are rarer and require strong justification, such as a disability (mental or physical) that means the adult child is unable to support themselves, or other factors where the Court deems it appropriate.

Under the MPPO the Court has jurisdiction to entertain an application for a fresh (new) Order even after the child has turned 18 years of age. However, this is not the case if the application made under the GMO.

Under the GMO the Court can extend financial provisions for a child over 18 (pursuant to the education/special circumstances exception), but the application itself must be made before the child has attained the age of 18. No new application for the financial support of an adult child can be made under the GMO once the child has already reached the age of majority.  Lump sum Orders (non-instalment) or other financial provisions may have different considerations, but they are still subject to the overarching framework tied to the age of minority under the GMO.

In practice, the application of the exception in respect of higher education under both the MPPO and the GMO means financial support continues until the child completes full-time education (usually to the completion of their first undergraduate degree), but it is not automatic and requires a Court application to secure the necessary Order(s).

The Court has the power under both the MPPO and the GMO to order financial provisions to be made for the benefit of a child to a specified person or to the child directly.  For ongoing periodical maintenance payments, the order is typically made for the benefit of the child to the resident parent whilst the child is under the age of 18 years.  However, when the child turns 18 the Court can direct the payments to be made to the child themselves if it considers it to be appropriate in the circumstances to do so – for example if the now adult child is at university and living independently or if there are issues with the other parent receiving the funds in the first instance.  

This is a complex area of family law, and there are many factors which can affect the outcome. If you wish to seek specific advice on this issue, the CRB team is here to help.

This publication is general in nature and is not intended to constitute legal advice.  You should seek professional advice before taking any action in relation to the matters dealt with above.