My child is an adult. Do I still have to pay child support?
In Ontario, child support is dealt with under the Divorce Act (for parents who are divorcing) and under the Family Law Act (for parents who are not married or are, at least not divorcing). Sometimes the court will consider both the Family Law Act and the Divorce Act in making a child support order.
S.31 (1) of the Family Law Act states:
Every parent has an obligation to provide support, to the extent that the parent is capable of doing so, for his or her unmarried child who,
(a) is a minor;
(b) is enrolled in a full-time program of education; or
(c) is unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents. 2017, c. 34, Sched. 15, s. 1.
- 15.1 (1) (2) and (3) of the Divorce Act states:
(1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to pay for the support of any or all children of the marriage.
(2) Where an application is made under subsection (1), the court may, on application by either or both spouses, make an interim order requiring a spouse to pay for the support of any or all children of the marriage, pending the determination of the application under subsection
(3) A court making an order under subsection (1) or an interim order under subsection (2) shall do so in accordance with the applicable guidelines.
What if my child wants nothing to do with me? Do I still have to pay child support?
The answer to this depends on the specific facts of your case. If the termination of the relationship is by the child, is unilateral and is unjustified, then maybe. In most cases, the support amount may be lowered…not necessarily terminated.
What if my child is over the age of 18 but is enrolled in college or university?
The answer to this, again, depends on the specific facts of your case. Generally, if a child is enrolled in a full-time course of study at an educational institution, then child support will continue to be payable until the end of the first degree. There are numerous different factors that can arise however. For example, what if the child is enrolled but doesn’t attend classes and fails out. Do you still have to pay child support? What if the child takes off a few years and then goes back to school. Do you still have to pay child support? What if the child goes on to post-secondary graduate schooling? Do you still have to continue to pay child support? What if the client goes to school out of town? Do you still have to continue to pay child support? As I have said, each case turns on its own facts so it is crucial to consult with a family law lawyer if you have questions about when your obligation to pay child support ends. The lawyers at Goldstein Divorce & Family Law Group would be pleased to discuss these or any other family law questions that you have.