How to Stop Child Support Payments When Child Turns 18

One of the most asked and concerning questions about every non-custodial parent regarding child support is “how to stop child support payments when the child turns 18?” or “What age do you stop paying child support in Canada?” The answer to these questions depends mainly on the situation of your case. However, it is a general misconception that child support commitments stop when the child turns 18 as it needs to be paid till the child is dependent.

Parents are liable for children’s upbringing till they can bear their expenses. In fact, no law can stop you from bearing your child’s costs even after 18. However, if you want to stop giving after 18 legally, then the only way to do is through mutual agreement between the parents or court order.
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But there is a condition here: you cannot stop giving child support in case of special requirements, such as disability, not completed studies, suffering from a deadly disease. In these 3 special cases, the parents will have no power to stop. Even, there are few punishment for not giving the child support payments in Canada. Keep reading to know in detail.

How to Stop Child Support Payments When Child Turns 18?

For stopping your child support payments, the only legal way is via an agreement between both the parents or through a court command. Both the child’s mother and father can mutually decide to stop their support expenses when their child can bear his/her own expenses or have completed their studies. For any kind of help or any kind of query that you want to know about that, you should must be consultant with an experienced Family Lawyer in Winnipeg.

In most cases, the date of ending the child support payments is included in the divorce contract. However, if there is no terminating date and both father and mother cannot mutually agree, then the parent needs to bring the topic to court and fight for the child support payments’ ending in Canada.

After appealing, the court can issue a command with a terminating date for child support expenses. Once the court command is issued, the next thing that will happen is that the family responsibility office (FRO) will be informed about the terminating date and end of the child support expenses. So the rest procedure is taken care of by them.

In Canada, by law, every parent is responsible for bearing their child’s payments even after 18; whether they stay together or not doesn’t matter.

Only if the child willingly terminates or becomes independent before 18, then the parent will not have to pay anymore. Otherwise, they are bound to pay till their child’s education is completed.

Special Cases

There is another special case where the parents must pay for a longer period if their child has any type of disability, suffering from any deadly illness or any other lawful cause. Here, the exception is that you need to pay till your child is alive (in case of disability) or has recovered from the disease.

Now that you know about how to stop child support payments. So let us know in detail about when these responsibilities terminate and if you still need to pay your child’s college fees even after 18.

When do child support responsibilities terminate?

When your child support responsibilities will come to an end ultimately depends on your country law’s rules, and regulations. However, there are 3 common conducts through the occurrence of which the child support responsibilities gets terminated automatically.

1. Independent

In several states, the child support obligations automatically get terminated before they turn 18 if they are considered legally independent. An independent child can bear their own expense without taking any help from their parents. If you face a kind of problem on this, you should consult with an experienced Child Support Lawyer in Winnipeg to remove your confusion. But please don’t try to do anything without your lawyer. You may be more harmful to you than now.

 

Normally, a child is regarded as dependent on parents till they have finished their higher studies. Still, several states by law consider a child an independent one before 18 if they get married, leave home willingly, or join the armed forces. Therefore, if any such things happen in your case, then your obligations will also get terminated.

2. Death

Death is such a thing that no one has a hand on it. Therefore, if, unfortunately, any child passes away during child support obligations time, these responsibilities will ultimately come to an end with that child’s death.

If you have any past due before the child’s death, then you must pay the due amount to the custodial parent. Otherwise, you will be regarded as a defaulter, and the law will have the right to take action against you.

3.  Adulthood

Generally, a child is regarded as an adult when s/he turns 18. That’s why, in some states, the child support responsibilities also come to an end when they become 18. However, in the case of several states, you still need to bear the expenses of your child even s/he turns 18 based on some special cases.

Also Read: When does child support end in Canada?

Can child support continue after 18 if the child is in college?

The answer to these vital questions mainly depends on the law of your states. In the case of many countries, you need to continue giving child support till your child finishes his or her studies. While in some states, you need to give till they turn 18 except for special cases also (FRO).

Usually, a child depends on their parents to bear their expense until s/he completes his or her studies as it would be tough on that child to maintain both the educational cost and other expenses.

That’s why several countries like Canada have made the law to continue giving child support until they become independent or get at least 1 post-secondary degree or certificate. However, the judge may also extend or lessen the child support period depending on various valid conditions.

During deciding the amount of child support for those who are 18 years old or more, the judges consider several factors, such as if the child gets any income from other sources or not.

However, the judges always try to make the best decision, especially by considering the child’s well-being the most. As the divorce largely affects the child both mentally and economically.

Child support is a serious issue, and it is made purely for the well-being of a child. It does not naturally stop just because a parent gets married or begins living with someone else or has more children to look after.

Being a parent comes with a huge responsibility, hence pay your due child support timely and regularly so that your child doesn’t lack anything.

At what age do you stop paying child support in Canada?

The minimum age requirement for stop paying child support in Canada is 18 years. But there is a condition to it: You must continue giving the child support till your child becomes independent. By independent, we generally mean the age 18 as a child gets matured at this age.

However, if your child doesn’t complete his or her studies by 18, you need to keep giving until they finish their studies. Other than study, there are also some exceptional cases where you need to bear the expenses for a more extended period, such as child disability, illness, etc.

Does back child support stop at 18?

Back child support means the payments that you have not paid within your estimated time. Many of us think that we don’t need to pay the missed out child support payments after 18. However, it is a total misconception of us because a debt is a debt.

That’s why, even if your child turns 18 or becomes independent, you still need to make the payments in full that you have missed out on. Otherwise, the law will have full power to take action against you.

The Bottom Line

I hope this article helped you to know how to stop child support payments when the child turns 18. Child support is the legal right of your children. A child has no hand in a parent’s divorce.

Hence, both father and mother should give the same love and support that their child deserves. It doesn’t matter with whom the child lives as both are his or her loved ones.

Therefore, instead of considering the child support payment as a burden or pressure, try to pay it properly for your child’s betterment, considering your top-most duty till they become independent.