Civil and Commercial Perspective | A Brief Analysis of the Basis for Claiming Child Support After the Child Comes of Age
Published:
2025-06-12
According to Article 1067 of the Civil Code of the People's Republic of China and Article 17 of the Interpretation (II) of the Supreme People's Court on the Application of the Civil Code's Marriage and Family Chapter, the beneficiaries of child support are minor children and adult children who are unable to live independently, for example, those still receiving high school or lower education or unable to live independently due to disability. Can adult children still claim child support for their minor years or for the period they were unable to live independently after becoming adults?
Summary: According to Article 1067 of the "Civil Code of the People's Republic of China" and Article 17 of the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code (II)", the beneficiaries of child support are minor children and adult children who are unable to support themselves, such as those still receiving high school and below education or those unable to live independently due to disability. Can adult children still claim child support for their minor years or for periods after adulthood when they are unable to support themselves?
Keywords: Adult Children Child Support Statute of Limitations
I. Can Adult Children Claim Child Support for Their Minor Years, and Is It Subject to the Statute of Limitations?
(I) Legal Basis for Adult Children Claiming Child Support for Their Minor Years
According to Article 49 of the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (I)": "The amount of child support can be determined based on the actual needs of the child, the financial capacity of both parents, and the actual living standards in the locality. For those with fixed income, child support can generally be paid at a rate of 20% to 30% of their total monthly income. For those supporting two or more children, the proportion may be appropriately increased, but generally should not exceed 50% of the total monthly income. For those without fixed income, the amount of child support can be determined by reference to the above proportions based on their total annual income or average income in the same industry. In special circumstances, the above proportions may be appropriately increased or decreased." The law does not prohibit adult children from exercising the right to claim unpaid child support. Under normal circumstances, the payment of right to claim child support is based on the inability of the claimant to live independently. Usually, the obligor only needs to pay until the child reaches eighteen years of age or becomes independent. Therefore, it is clear that adult children can claim living expenses for their minor years.N
(II) Adult Children's Claim for Child Support for Their Minor Years Is Not Subject to statute of limitations period limitations
1. Legal Basis
Article 196 of the "Civil Code of the People's Republic of China" states: "The following claims are not subject to the provisions on the statute of limitations: (I) claims for cessation of infringement, removal of obstacles, or elimination of danger; (II) claims by the right holder of real property rights and registered movable property rights for return of property; (III) claims for payment of child support, elder support, or care expenses; (IV) other claims not subject to the statute of limitations according to law." Therefore, the right to claim child support is not subject to the statute of limitations.N
2. Views from the Theoretical Community
According to general principles of civil law, lawsuits based on identity relationships are generally not subject to the provisions on the statute of limitations; lawsuits based on property relationships are subject to the provisions on the statute of limitations. Although the right to claim child support is somewhat related to identity relationships, it is still a property right in nature and is subject to the provisions on the statute of limitations. The main purpose of setting a statute of limitations is to urge rights holders to exercise their rights, but the party claiming child support is a minor, and it cannot be forced for them to understand the provisions of the statute of limitations and its legal consequences and actively exercise their rights. If the rights of a minor are affected due to a guardian's negligence or failure to exercise rights, it will affect their healthy growth. Therefore, minors' claims for child support should generally not be subject to the statute of limitations.N
3. In Judicial Practice, Courts Also Support Adult Children Claiming Child Support for Their Minor Years
In case (2024) Xin 2901 Min Chu 7237, the court held: The defendant did not raise an objection regarding the statute of limitations, and this court will not proactively apply the statute of limitations. Therefore, the plaintiff Zhang XX's claim for child support from his/her father for the minor period (2016 to 2021) after reaching adulthood complies with legal provisions, and this court supports it.N
(III) Statutory Conditions for Adult Children to Claim Child Support
Adult children claiming child support must meet specific conditions: Generally, adult children have no right to claim child support, but they can claim unpaid child support for their minor years, and this claim is not subject to the statute of limitations; if an adult child falls into the category of "unable to live independently" (e.g., receiving high school or lower education, losing the ability to work, etc.), then child support can be claimed.N
II. Can Adult Children Claim Living Expenses for Their High School and University Periods?
(I) No Right to Claim Expenses for University Period
Combining the "Civil Code of the People's Republic of China" and relevant judicial interpretations, such as Article 41 of the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code (I)", which clarifies the definition of adult children unable to live independently. Then, combining with cases, such as case (2022) Su 08 Min Zhong 907, it explains that university education expenses are not supported.N
(II) Adult children cannot claim university education expenses for high school and above
The main function of child support is to ensure the healthy growth of minor children. When children reach adulthood and can live independently, the function of child support is lost and no longer serves a protective interest. According to Article 1067 of the "Civil Code of the People's Republic of China", if parents fail to perform their child support obligations, minor children or adult children who are unable to live independently have the right to request payment of child support from their parents. Article 41 of the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (I)" states that adult children who are still attending school for high school education or below, or who are unable to maintain a normal life due to non-subjective reasons such as loss or partial loss of working capacity, can be identified as "adult children unable to live independently" as stipulated in Article 1067 of the "Civil Code of the People's Republic of China". Therefore, the time for claiming child support is when the child is a minor or an adult child is unable to live independently. If an adult child now claims university education expenses beyond high school, it does not fall under the aforementioned "adult children unable to live independently" situations, and the court generally will not support it.N
III. Adult Children Who Are Unable to Live Independently Can Claim Child Support
(I) According to Article 1067 of the "Civil Code of the People's Republic of China", parents still have the obligation to support adult children who are unable to live independently. Article 41 of the "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (I)" further clarifies that "adult children unable to live independently" includes situations where they are still attending school for high school education or below, or are unable to maintain a normal life due to non-subjective reasons such as loss or partial loss of working capacity.N
(2) Limitations on the Function of Child Support: The core function of child support is to ensure the healthy growth of minor children. This function ceases upon reaching adulthood. The right to claim child support is based on a specific identity relationship, and changes in identity upon reaching adulthood lead to the loss of this right. However, adults who cannot live independently have the right to claim support.
(3) Strict Adherence to the Determination of "Inability to Live Independently": In practice, many effective cases hold that adult children receiving university education are not within the scope of legally mandated support.
Statutory Links
1. Article 1067 of the Civil Code of the People's Republic of China
If parents fail to fulfill their obligation to support, minor children or adult children who cannot live independently have the right to demand that their parents provide support.
If adult children fail to fulfill their obligation to support, parents who lack the ability to work or are experiencing financial difficulties have the right to demand that their adult children provide support.
2. Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China, Article 41
Adult children who are still in school receiving high school or below education, or who have lost or partially lost their ability to work and are unable to maintain a normal life due to reasons beyond their control, may be considered adult children who cannot live independently as stipulated in Article 1067 of the Civil Code.
3. Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China, Article 43
During the subsistence of a marriage relationship, if both parents or one parent refuses to fulfill their obligation to support their children, and the minor children or adult children who cannot live independently request the payment of support, the people's court shall support this request.
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