The parental obligation to provide financial support for a child after divorce is a mandatory legal obligation intended to ensure the child’s proper development and well-being. However, once a child reaches the age of 18 (the age of majority), many parents wonder: Does the obligation to provide child support automatically terminate, or are parents still legally required to financially support their adult child?
Under the current Law on Marriage and Family, the obligation to provide support for a child over 18 generally terminates, EXCEPT where the child has lost civil act capacity or is unable to work and has no property to support himself/herself.
1. Applicable Legal Grounds
- The 2014 Law on Marriage and Family:
- Article 82: Provides for the obligations and rights of the parent who does not directly raise the child after divorce.
- Article 110: Provides for the parental obligation to provide support for children.
- Articles 115, 116 and 117: Provide for the amount, method and grounds for determining child support obligations.
- Article 118: Provides for cases in which the obligation to provide support terminates.
- The 2015 Civil Code:
- Article 20: Provides for persons of full legal age (persons aged 18 or older).
- Articles 22, 23 and 24: Provide for the civil act capacity of individuals.
2. Legal Regulations on the Obligation to Provide Child Support After Divorce
Pursuant to Article 110 of the 2014 Law on Marriage and Family, the parental obligation to provide support for children is clearly divided into two categories:
- For minor children (under 18 years old): A parent who does not directly raise the child is obliged to provide financial support, regardless of the child’s health condition or assets.
- For adult children (18 years old or older): Parents are only obliged to provide support where the child simultaneously satisfies both of the following conditions:
- The child is unable to work; and
- The child has no property to support himself/herself.
In addition, where a child is 18 years old or older but has been declared by a court to have lost civil act capacity due to mental illness or another condition that prevents the child from being able to perceive or control his/her acts, the parents’ obligation to provide support continues to arise in accordance with the law.
3. Common Practical Cases and Applicable Conditions
| Status of the Child Over 18 | Is Mandatory Parental Support Available? | Legal Basis and Nature |
|---|---|---|
| The child is healthy and attending university, college or vocational training | NO | The child has reached the age of majority and generally has full civil act capacity and the physical ability to work. University tuition and living expenses do not constitute statutory grounds for mandatory child support, unless the parents voluntarily agree to provide such support. |
| The child has a severe or particularly severe disability, is unable to work and has no property | YES | This satisfies the conditions under Article 110 of the 2014 Law on Marriage and Family: the child is unable to work and earn a living and has no independent assets to cover his/her living expenses. |
| The child has lost civil act capacity | YES | The child is unable to independently conduct civil transactions or establish an independent livelihood; therefore, the parents’ support obligation continues in accordance with the law. |
| The child is healthy but has not found a job or is unemployed | NO | Unemployment does not mean that the child is “unable to work.” The law does not require parents to provide support for an adult child who remains ordinarily capable of working. |
4. If the Child Attends University, Are Parents Legally Required to Pay for Tuition and Living Expenses?
This is one of the most common disputes arising in family and marriage matters.
In practice, some adult children or the parent who directly raises the child may initiate legal proceedings requesting the other parent to continue paying tuition and living expenses until the child graduates from university, typically at around 22 or 23 years of age. From a legal perspective:
- Courts will generally not grant a mandatory child support claim: Attending university is an exercise of the child’s right to education and, by itself, does not constitute a legal basis for determining that the child is “unable to work.” Accordingly, a court will not generally order the non-custodial parent to pay tuition or living expenses for a healthy adult child solely because the child is pursuing university education.
- Voluntary financial support: Financial assistance provided by parents to an adult child over 18 for educational purposes is generally based on the parents’ voluntary decision, agreement and moral responsibility, rather than a mandatory statutory obligation enforceable through civil judgment enforcement measures.
5. Procedures for Claiming Child Support for an Adult Child Who Is Unable to Work
Where an adult child over 18 satisfies the statutory conditions, namely being unable to work and having no property to support himself/herself, the parent who directly raises the child or the child himself/herself may submit a petition to the court seeking determination and enforcement of the parental support obligation.
Documents Generally Required for a Child Support Claim
- A statement of claim requesting enforcement of the child support obligation, or an application requesting modification of the existing child support amount;
- A copy of the previous divorce judgment or decision;
- Citizen Identity Card and birth certificate of the child;
- Documents evidencing the child’s inability to work, such as a medical assessment conclusion, a disability certification issued by the commune-level People’s Committee, or a court decision declaring the child to have lost civil act capacity;
- Documents evidencing that the child has no property, such as financial records or documents evidencing the child’s difficult financial circumstances;
- Evidence of the income and actual financial capacity of the person subject to the support obligation.
Amount and Method of Child Support
- Amount of support: The amount may be agreed upon by the parties based on the income and actual financial capacity of the supporting parent and the essential needs of the person receiving support. If the parties cannot reach an agreement, the court will determine the appropriate amount based on the applicable legal criteria and the circumstances of the parties.
- Method of support: Support may be provided periodically on a monthly, quarterly, semi-annual or annual basis, or as a lump-sum payment, depending on the agreement or the court’s judgment.
As a general principle, the statutory obligation of parents to provide support for their children terminates when the child reaches the age of 18. The obligation may continue only in exceptional circumstances, particularly where the child is unable to work due to illness or disability and has no property to support himself/herself.
With respect to university tuition and living expenses, parents’ continued financial support for an adult child after divorce is generally a matter of parental care, voluntary responsibility and family support rather than a mandatory legal obligation.
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
Nguyen Thuy Duong