When does child support end in Ontario
How long does child support last in Ontario?
It is a common misconception that child support payments automatically end when the child turns 18. In Ontario age of the majority is 18 years as per the Age of Majority and Accountability Act.
Child support laws and courts cases revolve around age of majority, child dependency and parental control. Child support payments can continue despite child being 18 years of age as long as the child remains dependant on parents and/or under parental control.
Therefore, child support lasts in Ontario, until the child reaches the age of 18 and is not dependant on parents or under their control.
Child Support Laws
Child support legislation falls under both Federal and Provincial Laws.
All child support orders made by the judge must be passed under applicable child support guidelines.
It is important to speak to a child support lawyer to know if your case falls under federal or provincial guidelines.
How do I stop child support when my child turns 18 in Ontario?
When your child turns 18 and is not dependant on parents or under their parental control, then you can make a change or stop child support payments.
If your child support obligation is recorded by way of a separation agreement then it is recommended to enter into a fresh agreement dealing with the change in child support.
If the other parent is not cooperative or you have a court order dealing with child support payments then you would need to file a motion to change.
How to file a motion to change child support
If you want child support payments to stop you would need to file a motion to terminate child support in Ontario. Here we have explained the process in simple steps.
Step 1: You would need to file a motion to change at the same court which issued the child support order. If you have a separation agreement that has been filed in court with Family Responsibility Officer then you would need to file the motion in the same court.
Step 2: You need to file the following court documents:
- Form 15: Motion to change.
- Form 25: Draft Order.
- Form 13: Financial statement.
- Form 13A: Certificate of Financial Disclosure.
- Support Deduction Order Information Form.
- Support Deduction Order.
- Confirmation of Assignment form, only if support payments are assigned.
- Statement of Arrears Form.
Step 3: Serve a copy of the documents filed in court as per family law rules.
Step 4: Set a court date after receiving a response or waiting for the prescribed time, which is 30 days unless papers were served outside Canada then it is 60 days, from the date the documents were served upon the other parent.
Important Note: It is always recommended to hire an experienced child support lawyer to ensure that all your documents are drafted and filed in accordance with the laws, family law rules and comply with Child Support Guidelines.
Does child support stop when child goes to university?
Child support may continue when a child goes to University. As per the child support guidelines section 3, once the child reaches the age of 18 years, the court could choose one of the two options.
- Tabled child support amount plus section 7 contribution which special and extraordinary expenses; or
- if the option would be inappropriate then an amount is determined given means, needs, conditions of the child and all financial circumstances of the child and parents.
Conversely, if your child is above the age of 18, then you do not have to pay child support if your child is not in school or University. It is always recommended to speak to an experienced child support lawyer to help you navigate family laws in Ontario.
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