If you want to learn how to cancel child support, you should first understand what it is and what it covers in Toronto, Ontario. Child support is money paid by one parent to another as assistance for child care, which includes food, clothing, schooling, transportation, housing, and other basic needs. The child support guidelines govern the amount that needs to be paid.
The common misconception is that the responsibility to pay child support will last only until the child reaches the age of majority, which in Ontario is 18 years old, or when the child has withdrawn from parental control. This, however, is not absolute.
As you read on, you will be acquiring a general knowledge on how to end child support in Ontario, Canada.
So, if you would still like to know more about cancelling child support in Canada, the content that follows will provide more information that could help. You can also contact a child support lawyer in Toronto who can assist you.
How Support Payments Work in Toronto, Ontario
In Ontario, when a court orders a parent to pay spousal or child support, this is automatically filed with the Family Responsibility Office (FRO). A program of the Ontario government, the FRO enforces, collects, and distributes spousal and child support payments as indicated in the support orders issued by the Court or domestic contracts filed with the Court.
The FRO, however, is not responsible for making payments when the paying parent or support payor misses payments for support; will not alter, revise, or change the contents, including the amount of support, as contained in the support order or domestic contract; will not take part in decision-making responsibility and child custody issues.
If you wish to cancel child support and you are a resident of Ontario, you may want to consider the following:
Look for “Terminating Event” in the Support Order or Domestic Contract
Read and understand the contents of the support order or domestic contract. Support orders and domestic contracts may have an ending date for the child support or provision outlining events and/or circumstances when child support should end. This is commonly known as the “terminating event”.
If the parties agree that a “terminating event” has happened or occurred, they must notify the FRO in order for the FRO to eventually stop the collection from the support payor.
If the support recipient does not agree that a “terminating event” has happened or occurred, the support payor can go to Court and let the judge decide.
Although reading the support order or domestic contract looks easy, it is still advised that you consult your lawyer and ask them if there is a “terminating event” indicated in the document. Your lawyer can thereafter represent you and communicate with the support recipient to discuss the existence of or the occurrence of the “terminating event”.
There is No Terminating Event
Most often than not, there are no “terminating events” in support orders or domestic contracts. What a support payor can do then is to talk to the support recipient and see if they can agree to end the support.
If both parties agree to end the support, they should reduce the agreement into writing then they must notify and submit to the FRO the agreement on the ending of child support.
If the parties do not agree to end the support, the support payor can go to Court and present his case on why the support must end or the support payor can submit to the FRO an application to discontinue enforcement of ongoing support.
Asking the support recipient if they can agree to end the support is quite daunting especially if the both parties are hostile to each other. A lawyer can represent the support payor in talking to the support recipient.
|Additional Information on Child Support in Toronto, Ontario|
|How child support is calculated.||In Canada, child support payments are calculated using the Child Support Table of the province or territory where the support payor resides. The Child Support Table shows the amount of the basic monthly support that the support payor must pay.|
|How much child support should a support recipient receive? How much child support should a support payor pay?||
In Ontario’s Child Support Table, the amount of basic monthly support is based on the support payor’s gross annual income and the number of children that the support payor has to support.
It must be remembered that Ontario’s Child Support Table will be used only if the support payor resides in the province.
Extraordinary or special expenses related to health, post-secondary education, and extra-curricular activities are not included in the standard calculations and are usually paid by both parents depending on their income.
You can ease your worries about how to cancel child support by asking a family lawyer from Gelman & Associates for help. They have a team who’s always willing to assist you when it comes to child support guidelines, so you will know exactly what to do.
Did You Know?
The Family Responsibility Office (FRO) gets the most complaints among all the Ontario government organizations. With almost $2.1 billion in child support that remains uncollected, they get more than a thousand complaints every year.
Can I Go Directly to the FRO to End my Child Support?
Yes. The support payor can file with the FRO an application to discontinue enforcement of ongoing support.
After filing the same, the FRO will then send a letter to the support recipient to verify if child support should end:
- If the support recipient does not agree that child support should end, the support payor must now go to Court to pursue the ending of the child support.
- If the support recipient agrees in writing to end the child support, the FRO will notify the support payor to stop paying the child support.
- If the support recipient does not respond to the FRO, the FRO may stop enforcing the child support payments. However, if thereafter, the support recipient communicates and informs the FRO that child support should not have ended, FRO will again continue collecting child support payments from the support payor. The support payor can go to Court and present the case that child support must end.
Asking the Court to End Child Support
As we have discussed above, going to Court to end child support should always be the last resort. In going to Court, the support payor will be filing a Motion to Change. There, the support payor must present the case and convince the Judge to end the child support.
It is strongly advised that a competent Child Support Lawyer should represent the support payor in seeking the Court’s intervention to end the child support.
Important Reminder to Support Payors
It is important to note that even if there is a terminating event; or the Court ordered to end the child support, the support payor must continue paying child support until the FRO notifies them that they can stop paying the same.
Get Help from a Family Lawyer in Toronto
You can contact a family lawyer in Toronto if you wish to know more about how to cancel child support. A lawyer will also be able to tell you the other factors that could convince a judge to change your court order or separation agreement as well as guide you through the steps mentioned above.
FAQs on Cancelling Child Support
FAQ: Cancelling Child Support
No. Parenting time and child support are different from each other. While it is a child’s right to be provided with financial support, it is also their right to spend time with their parents. Thus, even if the child support was cancelled the parent formerly supporting can still enjoy parenting time with the child.