We continue to receive many, many questions relating to support for children over 18 years of age. This is understandable given there continue to be many misconceptions out there about this area of the law.
As we posted in the first post in this series, child support does not automatically end when a child is 18. That is not the law in Ontario and in fact, Canada. While society may view 18-year-olds as adults, family law does not necessarily take that approach when it comes to child support.
There are a variety of circumstances in which a young person over the age of 18 could remain eligible for child support. These vary depending on the circumstances of each particular case so you should present your unique facts to a lawyer and have him or her assess your particular situation.
A young person with special medical needs may remain eligible for child support well after the age of 18, even if they are not attending school but here, whether the claim is made under the Divorce Act or the Family Law Act makes a difference. In this respect, whether the parents of the child were married or not may impact on either parent's ability to make a claim for child support in these circumstances. Again, this area of the law is somewhat technical so you should consult a lawyer to find out how the legislation applies to you.
We have also come across a number of inquiries suggesting the following, common misconception: that mothers always continue to receive child support for a young person over 18 if he/she continues to reside with the mother. That is not always the case. Again, the particular circumstances of the case dictate whether that is true or not. Why is the child continuing to live with the mother? What is this young person doing while continuing to live with the mother? Is he/she attending school? Is he/she working full-time, for example, and living with Mom because it is just cheaper and more convenient? Whether child support continues to be payable depends on the answers to these (and additional) questions.
Very soon, we will be posting some thoughts in response to the following, common question: "can I pay child support directly to my child?".....
UPDATE - January, 2018
We are pleased to let you know that our Etsy shop is now OPEN!
Visit it here: SELFREP SUPPORT
In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.
So far, we have Manuals on preparing an effective:
As we posted in the first post in this series, child support does not automatically end when a child is 18. That is not the law in Ontario and in fact, Canada. While society may view 18-year-olds as adults, family law does not necessarily take that approach when it comes to child support.
There are a variety of circumstances in which a young person over the age of 18 could remain eligible for child support. These vary depending on the circumstances of each particular case so you should present your unique facts to a lawyer and have him or her assess your particular situation.
A young person with special medical needs may remain eligible for child support well after the age of 18, even if they are not attending school but here, whether the claim is made under the Divorce Act or the Family Law Act makes a difference. In this respect, whether the parents of the child were married or not may impact on either parent's ability to make a claim for child support in these circumstances. Again, this area of the law is somewhat technical so you should consult a lawyer to find out how the legislation applies to you.
We have also come across a number of inquiries suggesting the following, common misconception: that mothers always continue to receive child support for a young person over 18 if he/she continues to reside with the mother. That is not always the case. Again, the particular circumstances of the case dictate whether that is true or not. Why is the child continuing to live with the mother? What is this young person doing while continuing to live with the mother? Is he/she attending school? Is he/she working full-time, for example, and living with Mom because it is just cheaper and more convenient? Whether child support continues to be payable depends on the answers to these (and additional) questions.
Very soon, we will be posting some thoughts in response to the following, common question: "can I pay child support directly to my child?".....
UPDATE - January, 2018
We are pleased to let you know that our Etsy shop is now OPEN!
Visit it here: SELFREP SUPPORT
In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.
So far, we have Manuals on preparing an effective:
- Financial Statement (both long-form and short-form); and
- Affidavit.
MORE MANUALS TO COME!
