When does my child support obligation end?

A parent is liable to pay child support for his/her dependent child(ren).  As long as the child is enrolled in a full time program of education, and is applying him/herself to his/her studies, the child will be entitled to child support.  If the child is unable to attend in a full time program of education due to health issues, the child will still be entitled to support.   The nature of the school or the number of courses taken by the child may not be critical in determining if the child is entitled to support. Usually the onus of proving that the Child is entitled to support lies with the person claiming support for the child.

If a child voluntarily withdraws from parental control, and establishes his/her own lifestyle, independent of the parent, will likely not be entitled to child support.  If the child continues to be dependent on one parent, the child will likely still be entitled to support.  If the child is under the age of 16 yrs, the Ontario Family Law Act provides that there is an absolute obligation to support the child.

Support for adult children is sometimes difficult.   There is no absolute age where a child is no longer entitled to support.  The Divorce Act provides that an adult child continues to be entitled to support if he/she is unable to withdraw from parental control and provide the necessities of life for a valid reason.  The Ontario Family Law Act provides that a child is entitled to support as long as they are enrolled in a full time program of education.

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