Disclaimer: This article aims to provide educational information surrounding Child Support. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
Child support is a legal right that children have. The Family Law Act and the Divorce Act require parents to provide financial support for their dependent child.
We noted in earlier articles how the amount of child support is calculated, the child support guidelines and different special or extraordinary expenses.
In this article, we will look at how long the paying parent must continue to pay the child support amount. Of course, each family is unique, which is why it is vital to obtain legal advice from an experienced family lawyer in this regard.
Does child support in Ontario end at age 18?
This is one of the biggest myths that we see when it comes to child support. Child support payments do not automatically end when the child reaches the age of 18. This is a common misconception since 18 is the age of majority here in Ontario.
Family law legislation and case law provide many reasons why child support may continue, even though they are no longer a child. The guiding principle is that child support must continue to be paid as long as the child is unable to become financially independent from the parents.
As with most areas of the law, the question of when support should end is multifaceted. The courts will evaluate each scenario on its facts to determine whether the child is genuinely dependent on their parents, if they cannot support themselves and what (if anything) they should contribute to their own care.
When might child support end before a child turns 18 years old?
A parent’s child support order may be terminated before a child reaches the age of majority if they have willingly withdrawn from parental care. That means the child has chosen to live independently or with someone else, relinquishing their dependence on the paying parent. Additionally, while rare, if the child gets married, they may be considered emancipated, leading to the termination of child support obligations.
When might child support extend past 18 in Ontario?
We noted above that there are some instances where a paying parent would continue child support.
The most common example is when a child is attending post-secondary education. However, in that regard, many questions arise. Does that only apply to full-time education? What about a “gap year,” a common practice where young people will take a hiatus between high school and post-secondary education? What expenses would be included?
Another typical example is when a child’s health prevents them from being able to be financially independent from their parents. An obvious example would be a child with an intellectual disorder who is unable to live independently. In that case, child support payments will likely continue even as an adult.
These are all questions that the family courts will determine on a case-by-case basis.
Do I still have to pay child support for a second post-secondary degree?
There is a common misconception that child support payments must continue as long as the child is in post-secondary education. Some parents wonder if they must support their child as a perpetual student. Does child support extend to a second (or third) degree?
Rest assured that is usually not the case. Child support will typically be required for one degree or program, although there are less common instances where the courts have required child support for multiple degrees.
Plat Simionati LLP: Your Family Lawyer for Navigating Child Support Arrangements
Ensuring the well-being of your children and acting in your child’s best interests are paramount responsibilities for any parent. However, navigating the complexities of child support laws can be overwhelming. At Plat Simionati LLP, we understand the importance of these matters and are dedicated to providing you with the support and guidance you need.
Our team of experienced family law lawyers is here to alleviate your concerns and assist you in making informed decisions for your family’s future. With our personalized approach and unwavering advocacy, we strive to protect your rights and promote the welfare of your children at every turn.
There is no need to navigate these legal intricacies alone. Reach out to Plat Simionati LLP today, and let us help you navigate your family law matters with confidence and peace of mind.