We are frequently asked questions related to the widely – held misconception that
child support
is not payable for children/young persons over the age of 18.
Unlike many other jurisdictions, Canada does not automatically cut off
child support
when a young person reaches "the
age of majority". There are a number of important circumstances in
which child support for such a young person would continue, and that includes cases in which the young person is medically disabled
or attending school with a reasonable plan to complete their education.
There is also a corresponding, widely – held misconception that
child support
is always payable for young persons under the age of 18, no matter what they do with their time. In other words, many parents believe that they are entitled to receive child support from the non-residential parent even if a 16-year-old young man stops attending
school, does not have a job and continues to live with the other parent. In these instances, child
support is no longer payable unless
there are provable medical
reasons why
the 16-year-old is neither attending
school nor working (unable
to support
himself or herself financially).
While both
provincial and
federal legislation
in Canada provides us with guidelines
as to who is eligible to receive child support and how that child support is to be calculated, it is important to consider the specific facts of each case (and the relevant judicial
decisions) to
determine child
support (if
any) for each child. There are many cases in which child support is payable for young persons over the age of 18 and conversely, there are many other cases in which child
support is no
longer payable
for young persons under the age of 18.
Our strong suggestion
is that you contact a family law lawyer and discuss your specific case
with him or her – while it is natural for parents (both recipients
and payors of child support) to look for "one size fits all" formulas, and there is a danger to applying such formulas to every case, as one size does not fit all.
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