This is probably one of the most frequent questions that the client asks when they go to the lawyer’s office. Another question they ask related to this is the amount that they will have to pay. It is easier to answer the latter, as there is a rule for guidance purposes.
But when it comes to the question about when does child support end, many people get confused. Although the general rule is up to 18 years (Ontario), it can vary from state to state and situation to situation.
Today, we will be talking about when and How to stop child support payments when a child turns 18. Also, by the end of this article, we will discuss the amount of child support you need to pay.
Does Child Support End when Child Turns 18?
No. Neither the payment of child support end at 18 nor the parent’s support obligation.
It is then necessary:
- Another judgment; or
- An agreement with the other parent-approved by a special clerk
The paying parent can consult a lawyer to help determine:
- If her child still needs child support
- Whether it is appropriate to request reduction or cancellation
When does Child Support End in Canada?
Usually, child support is meant to end at 18 years old.
The obligation to provide child support also can end when any of these circumstances occur:
- Death of the child
- Reduction of the child’s resources, to the point of endangering his own subsistence
- Improvement of the financial situation of the child
- Faults of the child that originate the disinheritance
- Misconduct in children that originates the need. They lose the right while such behavior lasts.
From a legal point of view, parents owe their children a maintenance obligation so that-
- The children continue their studies in a normal way or
- Support themselves until they are not financially autonomous,
This is regardless of their existence or no relationship between parent and child.
But the question is, what are normal studies or financial independence. Do you still have to pay child support if the child goes to college?
There is no specific legal answer, and it is case law that provides us with answers.
The studies normally pursued are a linear course with a reasonable number of renewals having regarded in particular to his age. We notice that judges understand very young adults more than young people over 23 years old.
Likewise, concerning income, judges take into account a minimum remuneration of the order of the minimum wage. In the event of fixed-term contracts, they want a minimum of sustainability, i.e., duration.
Here again, the age of the young person concerned matters a lot.Because after 25 years, the judges tend to consider that everyone must fend for themselves.
However, these limits are by no means intangible. The judge decides on a case-by-case basis. Moreover, the parties can set other limits according to their situations.
Finally, a practical question arises, how and when can I stop paying child support? What happens if the other parent continues to demand it and that one considers no longer the duty?
How to End the Child Support Order?
The parent paying support must prove that the child is not in any of these situations. And he is no longer required to provide for his needs.
Therefore, he is entitled to ask his child to provide him with documents attesting to his situation. If he cannot produce these documents, the judge can himself demand them from the child or ex-spouse.
Several situations can be taken into account by the judge to decide on the abolition of alimony:
- Obtaining a job obviously,
- Or studies that are not considered as serious: lack of attendance, failures, or even an inconsistent course.
Good to know
For minor children, alimony is automatically paid to the parent who has custody rights. When the child comes of age, the debtor parent can request that the support be paid directly to him.
The parent who was previously receiving the pension must agree. In case of conflict, the decision is then up to the judge. He must then find that the other parent is no longer responsible for the child.
- Alimony is always due, even after the child comes of age.
- Parents must take care of their child until he is financially independent.
- The parent should not stop paying child support himself. He must appeal to the Family Affairs Judge to prove that the pension is no longer necessary. Or he should prove that the adult child is not seriously pursuing his studies.
Calculation of Child Support: How Much Is Child Support?
The amount of child support by a parent deepens in various situations:
Children under 18
The amount of support is calculated, as the case may be, based on:
- The Child Support Determination Form ;
- The federal tables of child support
Children aged 18 and over
First, it must be determined whether the adult child has the right to obtain alimony.
Then, the way to calculate the amount will depend on the identity of the person making the legal claim. It depends on the child himself or one of his parents for him.
There is no strict rule about when does child support ends. Even divorced parents must respect the legal obligation to maintain their child. In the name of this obligation, the right to alimony is, therefore, unavoidable when the child is a minor.
Once the majority has been reached, the maintenance of the pension is subject to certain conditions. None sets an age limit: the maintenance of the pension will depend on the adult child’s financial and personal situation.