How Long Does Child Support Last? – Frequently Asked Questions
One of the most common legal inquiries we get from the clients of our firm is “how long do I have to pay support for my child?” Here are some of the frequently-asked questions on this topic:
Q: How long does child support last?
A: Usually, until the age of 18. In Ontario, you typically must pay support for your child from the time he or she is born, until the provincial age of majority and has “not withdrawn from parental control”. This is true whether you and the child’s other parent are married, living common law, separated, divorced, or never lived together at all. Child support can continue past the “age of majority” if the child (whose parents were married) is “under parental control but unable because of illness, disability or any other cause to withdraw from parental charge or to obtain the necessities of life”. Under the Family Law Act, for a child to be eligible for support, the child must be unmarried, a “minor – under 18 years of age—or enrolled in a full time program of education”, and if 16 years or older, still has not withdrawn from parental control.
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As discussed below – there are exceptions where support can stop earlier, or continue after the child reaches the “age of majority”.
Q: Is that a legal duty? And where does it come from?
A: Yes; the duty arises through legislation. If you and the other parent were married and are now divorcing, it arises under the Divorce Act (in section 15.1). That legislation protects “children of the marriage” – which is defined to mean a child who is under the age of majority, and has also not withdrawn from your charge as parents.
Otherwise, it arises under the Family Law Act (in section 31). That legislation provides for support covering an unmarried child who is a minor.
Q: I’m separated from the child’s other parent. What if the child lives with me?
A: The basic legal duty remains, regardless of who your child is living with. It merely becomes a question of the amount of support the child is entitled to, and how it is allocated between you and the other parent. This is determined by the federal Child Support Guidelines for divorcing parents, and by the mirror-equivalent provincial Child Support Guidelines for those just separated or living common-law.
Q: What if my child is under 18 but is estranged, and has moved out?
A: Under the Family Law Act (section 31(2)), you do not have an obligation to support a child 16 and over who has “withdrawn from parental charge”. Whether this threshold has been met will depend on the facts.
Q: My child is over 18 and still wants financial support. Am I obligated to provide it?
A: Possibly. Under the Family Law Act, you may be required to support your child past the age of 18 if he or she is: 1) enrolled in a full-time program of education; or 3) unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents.
Similarly, under the Divorce Act, a child can continue to be eligible for support where he or she is over the age of 18, but is still dependent on the parents.
Q. In that case, how long do I have to support my adult child?
It depends. This is a question for the court, and depends on several factors. These include your adult child’s age, overall best interests, his or her academic aptitude, goals, and performance, your financial circumstances (and that of the other parent), and a list of other considerations. Read more about the child support for adult children here.
As you can see, the question of when child support ends, can be complex, and will vary on a case-by-case basis. Be sure to get expert legal advice that fits your unique situation.