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Ending Child Support In Ontario | Family Lawyers

Ending Child Support In Ontario

Ending child support is something you need to speak to a lawyer about. Your child has just turned 18, has graduated high school and you couldn’t be more proud. It has been a tough road dealing with your ex. However, you’ve come to terms with your separation and are at least civil with each other. Now is the time to look at ending child support and put the past behind you right? Not necessarily.

Many parents believe that once their child hits the age of 18 and can enter the workforce, they are no longer on the hook for child support. This may be the case but with more and more children going into post-secondary education or taking additional time at home before deciding on a career path, there may very well be one last fight over child support for you to deal with.

Ending Child Support In Ontario

The Ontario family law courts have recognized that child support can continue for a child past the age of 18. In situations where a child is attending college or university child support may continue for a further 2 or 4 years. If you have questions about ending child support you should contact your ClearWay Law lawyer to discuss your options and how you minimize your ongoing child support responsibilities.

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Phone toll-free: 844-466-6LAW (529)

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Ending Child Support In Ontario

In other circumstances, children may need extra time to either obtain employment or decide what they wish to do after graduating high school. The family courts have accepted timeframes up to a year or sometimes more where the child has been in a state of uncertainty before entering into further schooling or the work place and allowed for child support to be collected during that time.

If you have an order that does not deal with a termination date of child support you will need to have your lawyer revisit that court order. They might need to obtain a new order terminating child support. This should be done in all cases. It is even more important if a collection agency such as the Family Responsibility Office (FRO) is concerned. Unless an updated court order is received by FRO they will continue to collect monthly child support amounts that are specified in whatever order they have on file.

Re-Marriage and Child Support

Your ex has moved on and married a new person who makes double what you do. If you’ve been paying spousal support it might be time to celebrate. The fact that you will likely no longer need to pay your ex anything! However, if you are paying child support, don’t start partying too soon. You will need to discuss the implications of your spouse’s new marriage with your family lawyer.

You’re probably thinking “well if this new partner of my ex makes twice as much as me, they don’t need my child support anymore.” You may be able to come to an agreement with your ex about the issue. However, your child support obligations will not stop automatically. This is because, in Ontario, child support is the right of the child and is not dependent on the financial status of one parent versus the other. Both parents have an obligation to support their children to the best of their abilities no matter what the financial status of the other parent may be.

Call our Toronto Law Firm:

Phone toll-free: 844-466-6LAW (529)

Of course, this can be effected by the parenting schedule you share with your ex. Other factors can come into play on determining what appropriate child support may be. You need to remember that your financial obligation to your child does not terminate until they are an adult. They need to have the ability to be self-reliant.

You may be able to bring a motion before the court. It would outline your ability to continue to pay child support. You might say that it would act as a detriment to your ability to provide for your own living expenses. That it would create an unnecessary payment to your ex given her new found wealth. These motions can be tricky and you should consult your family lawyer about taking such a step.

Your best chance to lower your child support payments is to come to an agreement with your ex. You need to decide what the monthly or annual support amount should be given their new marriage. The court does not usually interfere with agreements between the parties that deal with ongoing support. Then exception is if the family courts feel it is heavily unfair to one party or the other.  To ensure you have no issues you should contact your ClearWay Law lawyer about drafting your child support agreement so that they can properly guide you through your options and how to properly word your agreements to protect your interests.

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