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Child Support for Children Over 18

Published: August 21, 2024

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Child Support for Children Over 18

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.

Written by Negin Sari

Lawyer

Family lawyer Negin Sari brings a resolution-focused approach to family law, drawing on her criminal law background and deacdes of experience in the legal field to make a difference for clients.

Frequently Asked Questions - child support

The Federal Child Support Guidelines are in place to dictate a fair amount of child support, and generally courts are inclined to follow the guidelines strictly. The guidelines employ a mathematical formula taking into consideration the support paying parent’s annual income and the number of children and provide an amount. The general rule is that the guidelines should be adhered to.  There are a few circumstances, however, which permit a court to deviate from the Child Support Guidelines. Examples are as follows:

Where the person seeking child support is not a biological parent but rather one who stands in place of a parent. This means that a divorcing step parent could be ordered to pay child support to his or her step-children if that spouse stood in the place of a parent during the marriage. According to the Divorce Act, a spouse “stands in place of a parent” when his or her conduct manifests an intention of placing himself or herself in the situation ordinarily occupied by the biological parent by assuming the responsibility of providing for the child’s economic and parenting needs. Courts will look at a variety of factors before making this determination.

Where the child is over the provincial age of majority. This is determined by the laws of the province where the child ordinarily resides. If the child ordinarily resides outside of Canada, the age of majority is eighteen years of age.

Where the support paying parent earns an income of more than $150,000 . In cases where the paying spouse makes more than $150,000 per year, he or she will be ordered to pay the guideline amount for the first $150,000, and the court has discretion whether to impose a higher amount in child support due to the income earned in exess of $150,000.

In split custody arrangements whereby each parent has custody of one or more of the children. Where split custody exists, the amount of child support is determined by calculating the difference between the amount that each would otherwise pay if a child support order were sought against each of them. In situations where parents earn roughly the same income and each is responsible for the support of a child of the marriage, the court can decline to make any order for child support.

In shared custody or access arrangements where a child spends at least 40 percent of the year with each parent. If shared custody is established, then the court is permitted to deviate from the regular guidelines. Section 9 of the Federal Child Support Guidelines addresses this situation and provides that the court should consider the guidelines amount, in addition to the increased costs of shared custody, and the conditions, means, needs and other circumstances of each spouse and of the children. Section 9 promotes flexibility and fairness and leaves discretion with the judge to consider the circumstances.

Where undue hardship arises and the household income of the party asserting undue hardship does not exceed that of the other household . Simply showing it will be hard to make the payments won’t suffice; to meet this standard you must show that the hardship caused by the payments will by excessive, extreme, improper, unreasonable or unjustified.

For help navigating your child support obligations and/or entitlements, please contact your Toronto divorce lawyer.

Child support is calculated mechanically, considering the parents’ salaries and the children’s location. The amount of child support each parent is responsible for is usually calculated using their total gross income according to line 150 of the tax return, how many children are involved, and their domicile.

In cases involving child support, you must typically serve and file financial disclosure. Financial disclosure is providing facts about your finances to the opposing party and the court, including your income, spending, assets such as property and other valuables, as well as debts.

Yes, it may be possible for you to pay for child support directly to your child, but it’s worth noting that this only happens in rare cases. Usually, you’re obligated to pay it to the other parent.

If you’re facing child support issues, your lawyer might refer to the Federal and/or provincial or territorial guidelines to assess what rules would apply to your situation.

In Canada, you’re obliged to pay for child support until the dependent reaches the age of 18 or until the child becomes independent or feels that they have reached a sense of maturity.

There are three main factors to consider in computing child support in Ontario:

  1. The paying parent’s income;
  2. Province where the paying parent is residing;
  3. Number of children the paying parent is supporting;

In addition to the above, the amount of child support from the paying parent may be adjusted based on the parenting agreement. If the parents have a parenting agreement that provides that the child or children are with either parent at least 40% of the time, then both parents’ income may be considered.
Further, the Child Support Guideline in Ontario and the Child Support calculator must be consulted in determining the amount of child support that the paying parent must give.
It must be noted that in Canada there are no States. Instead, there are Provinces. The Province where the paying parent is located will be a determining factor on which table or guideline will be used. i.e. if the paying parent resides in Ontario, then the Child Support Table in Ontario will be used in determining the amount of child support; if the paying parent resides in a different province in Canada, then the Federal Child Support Guideline in the province where the paying parent ordinarily resides will be used in determining the amount of child support; etc.

Parenting arrangements affect child support. Under Section 9 of the Federal Child Support Guidelines:
“Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40 percent of the time over the course of a year, the amount of the child support order must be determined by taking into account:
(a) the amounts set out in the applicable tables for each of the spouses;
(b) the increased costs of shared custody arrangements; and
(c) the conditions, means, needs and other circumstances of each spouse and of any child for whom support is sought.”

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