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Shenzhen Divorce Lawyer: Can a child who is an adult but still attending university claim child support from their parents?

Author: Dao Hua Marriage and Family Law FirmDate: 2026-09-10Reads:times

  It is a frequent question each academic year whether a university student who has turned 18 can sue to claim child support when one parent, following a divorce, refuses to continue bearing tuition and living expenses. Judicial standards are clear: adult children pursuing higher education generally cannot be compelled by law to receive child support from their parents; university costs are considered moral assistance rather than a legal obligation. Exceptions apply only to adult children who are still enrolled in secondary education or below, or those who have lost the ability to work and cannot support themselves independently.

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  Pursuant to Article 1067 of the Civil Code, if parents fail to fulfill their obligation to support their children, minor children or adult children who are unable to live independently have the right to request that their parents pay child support. Judicial interpretations define "adult children who are unable to live independently" as those who are still enrolled in secondary education or below (including high school), or those who have lost or partially lost their ability to work and, for reasons not attributable to their own subjective choices, cannot maintain a normal standard of living. Undergraduate and graduate education are excluded from this definition; therefore, adult university students who are currently enrolled do not qualify as statutory dependents entitled to parental support.

  The legal basis lies in the fact that individuals who have reached the age of 18 are considered to possess full civil capacity, making it feasible for them to sustain their education through part-time work, student loans, and scholarships. Consequently, parents' obligation toward their adult children's university expenses is moral rather than legally enforceable. In judicial practice, courts overwhelmingly dismiss lawsuits filed by adult college students seeking child support.

  Two exceptional circumstances require distinction. First, if a child is still attending high school, a secondary vocational school, or a technical secondary school and has not yet graduated, they are considered unable to live independently even if they have reached the age of 18; in such cases, parents must continue to pay child support until graduation. Second, if a child has lost or partially lost the ability to work due to disability or serious illness and cannot maintain a normal life, parents remain obligated to provide ongoing support, and the amount of child support may be appropriately increased.

  Where a divorce agreement or court judgment stipulates child support payments until the child completes university education or until they begin employment, such an agreement is binding on both signing parties. The custodial parent may enforce continued performance in accordance with the terms. This constitutes a contractual obligation rather than a statutory duty of support; the two differ in nature and are grounded in distinct legal bases.

  It is important to understand practical pathways for alleviating financial pressure. National student loans cover tuition and basic living expenses; current students can apply at banks in their household registration location or campus area upon presenting their admission notice, with repayment made in installments after graduation. Scholarships, grants, and part-time work opportunities also provide avenues for university students to achieve self-reliance. If a divorce agreement does not specify university-related expenses, both parties may negotiate and sign a supplementary agreement. When one party voluntarily provides financial support directly to the child, such payments are legally characterized as gifts rather than child support; consequently, neither party may request the other to share these costs during divorce proceedings. It is essential to clearly distinguish the legal nature of these two types of payments.

  In summary, adult university students generally have no right to forcibly demand child support, except for those still attending high school or below, or those who have lost the ability to work. If parents voluntarily provide financial assistance or if there is an agreement to continue payments, such arrangements shall be honored; while the law does not mandate them, it encourages support within one's means.


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