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When children are involved in your separation, it can be complicated to figure out how parenting will work going forward. Once decision-making responsibility and parenting time for your child have been finalized, your next steps may involve determining what child support will look like. This process can be confusing, considering payments are subject to change and may even continue after a child turns 18. We asked family law lawyer Negin Sari from Gelman & Associates for more information about child support in Ontario and how it may apply to children over 18.
Child Support for Children Under 18
Federal child support guidelines outline how child support is calculated and paid across the country, although specifics vary by province or territory. Federal table amounts determine minimum child support payments based on three factors:
- The gross income of the parents or payer
- The number of children that must be paid for
- The province or territory where the payer resides
The designated payer will usually be the parent the child does not primarily reside with. The payer may not pay less than their minimum table amount, regardless of how it may affect their financial situation. Child support calculations differ under a shared-parenting scheme, where the child spends a relatively equal amount of time living with both parents. In such cases, child support for children under or over 18 will be calculated by:
- Determining the child support amounts payable by each parent
- Subtracting the lower amount from the higher amount
- Having the parent with the higher payable amount pay the remaining difference to the other parent
Because certain provincial or territorial rules may affect your child support payments, consulting with an Ontario family law lawyer can be helpful. Contact our family lawyers at Gelman & Associates today for professional legal advice.
Child Support for Children Over 18
Your child support payments can continue after your child passes Ontario’s age of majority. A child over 18 may still qualify to receive child support from a payer if they:
- Are still residing primarily with one or both parents, and either;
- Attend school full-time
- Are unable to withdraw from the charge of their parent(s) due to a serious illness or disability
If a child is over 18 but does not live primarily at a parent’s home, child support will no longer be payable. However, if a child is attending school full-time and is living away from home, each parent is still obligated to pay for expenses like textbooks, tuition, and accommodation related to their child’s education.
Can Child Support Orders be Amended?
It is possible to amend a child support order, and people often do so if their income or employment has changed. If your child support payment has been finalized in court or through a written agreement, you must file a motion to change the order. This process normally involves filing related documents and may require your appearance in court.
If you and the other party both agree on changes to the child support order, you can file a consent motion to change. This particular motion may only affect child support without altering decision-making responsibility or parenting time, and it will not always require a court appearance. If you and the other party cannot agree on changes to your child support order, you must file a motion to change, which is issued by the court and will involve your appearance before a judge.
When Does Child Support End?
The end of child support differs frequently and is determined on a case-by-case basis.
If a child is enrolled in full time post-secondary education beyond 18, both parents may continue to pay child support while the child principally lives with one or both of them. Child support might also continue for the duration of a child’s second or third post-secondary degree, depending on their employability and the financial circumstances of the parents. If your child experiences a disability or illness that prevents them from withdrawing from the charge of either parent, child support may continue for the rest of their life.
If your child is over 18, is not in full time post-secondary education and deemed capable of independent living, child support payments will no longer be payable. Understanding how the particulars of your situation affect the continuation of child support can be complex. Schedule a consultation with our family law lawyers at Gelman & Associates today for legal assistance.
If My Income Reduces, Am I Able to Amend My Child Support Payments?
It is often recommended that child support orders be reviewed and amended every year based on fluctuations in a payer’s income. If your earnings have reduced and you feel your child support payment should be altered, you can apply to the court for a motion to change or consent motion to change. Remember that your child support payment may not fall below the federal minimum table amount, even if your income has significantly decreased.
It should be noted that child support payments are not tax deductible. In addition, child support received by a payee does not count as income and will not be included in income tax calculations.
The Role of the Family Responsibility Office (FRO) in Child Support
The Family Responsibility Office (FRO) is an enforcement agency that oversees the collection, distribution, and enforcement of child support in Ontario. FRO enjoys a wide variety of powers, including:
- Garnishing the payer’s income, bank accounts, or funds received from the government (i.e. tax returns, employment income benefits)
- Reporting a payer to a credit bureau
- Suspending a payer’s driver’s license or passport
- Placing a lien on personal property held by the payer
- Ordering the sale of a property the payer owns
- Requesting that a court place a payer in jail due to non-payment
- And more
FRO is more likely to exercise these powers if a payor has accumulated several arrears. A family law lawyer can advise on how FRO may play a role in your case if you or your partner have fallen behind on payments. Contact our family lawyers at Gelman & Associates today to learn more.
Do I Still Have to Pay Child Support if My Child Wants Nothing to Do With Me?
Even if no relationship exists between a child and their parent, the Family Law Act dictates that the child support is still payable, as child support is the right of the child. Child support payments are meant to cover expenses like food, clothing, school supplies, and other needs essential to your child’s quality of life. Each parent is obligated by law to provide financial support for children as long as they are minors, are enrolled in school full-time, or are unable to live independently by reason of illness or disability. This still applies even if the child does not wish to maintain contact with their parent. An exception to this rule is if the child is sixteen years of age or older and has withdrawn from parental control.
Schedule a Consultation Today to Learn More About Child Support for Children Over 18
Making sure your child support payments are correct can help you feel confident that your child is receiving the care they deserve. At Gelman & Associates, our lawyers believe you should not have to deal with the complexities of calculations or negotiations alone. If you have questions about who will be paying child support, how much will be paid, and what to do if you cannot afford your payments, our lawyers may be of assistance. Schedule a consultation with our family law lawyers at Gelman & Associates for information about your child support obligations.
Disclaimer: For specific legal advice on your family law matter, please consult with a family law lawyer. The content in this article is not intended to act as legal advice and is instead intended to act as a general overview of a legal topic.
