- Support under the Divorce Act is tied to whether the person is a "child of the marriage", which looks at age, whether the child has withdrawn from the parent's charge, and whether an adult child can become independent.
- An existing support order stays in place until a judge changes it, because FRO cannot change the amount owed, and arrears keep building under the existing order in the meantime.
- A court can vary, rescind or suspend an order only after it is satisfied that a change of circumstances has occurred.
It is painful when a teenager or young adult stops speaking to you. If you pay child support, it is natural to wonder whether you still have to, and if you receive support, whether a break in contact changes anything.
There is no simple yes or no. The answer turns on the child's age, the child's situation and the wording of your order or agreement. This article explains the legal tests that usually matter and the safe way to raise a change.
The test is whether the person is still a "child"
Under the Divorce Act, a court may order a spouse to pay support for any or all children of the marriage, and the order must follow the applicable guidelines.
A "child of the marriage" is a child of two spouses or former spouses who is under the age of majority and has not withdrawn from their charge. It also includes an adult child who cannot become independent because of illness, disability or another cause. The age of majority is set by the law of the province where the child habitually lives.
The Divorce Act applies to married spouses who are divorcing. If you were never married, or you are not seeking a divorce, Ontario's own family legislation may apply instead, so it is worth confirming which law governs your situation.
Where refusing contact fits in
Refusing contact is not itself one of the listed tests. What matters is how the facts fit the definition: the child's age, whether the child has withdrawn from the parent's charge, and whether an adult child is unable to become independent.
Courts look at the whole picture, so two families in similar-sounding situations can get different results. A lawyer can tell you how the facts of your case are likely to be viewed. Do not assume support has ended just because contact has.
Minors and adult children are treated differently
| Child's situation | How support is generally approached |
|---|---|
| Under the age of majority | The table amount for the number of children, plus any special or extraordinary expenses |
| At or over the age of majority | The court may apply the Guidelines as if the child were a minor, or set the amount it considers appropriate, having regard to the child's condition, means, needs and other circumstances |
For an adult child, the court therefore has more room to look at the child's own circumstances. Because the court may look at the child's condition, means, needs and other circumstances, how that applies to a young adult's own situation depends on the facts, so it is worth confirming with a lawyer.
If you pay support, do not simply stop
The Family Responsibility Office (FRO) cannot change the amount owed; only a judge can, and arrears keep building under the existing order until it is changed. Stopping on your own can leave you with a growing debt and enforcement action.
A court may vary, rescind or suspend a child support order, on application by either or both former spouses, once it is satisfied that a change of circumstances has occurred since the order was made or last varied. Any change that would result in a different order can qualify.
- Form 15 asks for a change without the other parent's consent.
- Form 15D is used where both parents consent.
- Ontario's online Child Support Service can update support without court, but it is not available if a child is over 17.5 or married, or if other listed conditions apply.
What to do next
- Find your order or agreement and note exactly what it says about the child and about when support ends.
- Write down the child's age, living situation, school or work status, and when contact stopped.
- Keep paying under the order until it is changed, unless a lawyer advises otherwise.
- Gather three years of tax returns, notices of assessment and proof of current income, which are needed in court.
- Speak with a family lawyer before filing anything or stopping payments.
Frequently asked questions
Do I have to keep paying if my teenager refuses to see me?
The order stays in force until it is changed, and arrears keep building under it. Whether the refusal affects the support itself depends on the facts, so get advice before you act.
Does an adult child who cut me off still count as a child for support?
It depends. A child of the marriage includes a child under the age of majority who has not withdrawn from the parent's charge, and an adult child who cannot become independent because of illness, disability or another cause. For an adult child, the court may set the amount it considers appropriate.
Can FRO reduce my support if contact has ended?
No. FRO cannot change the amount owed; only a judge can.
How do I ask for a change?
You can apply to the court, using Form 15 if the other parent does not consent or Form 15D if both consent. The online Child Support Service is an option only if you are eligible.
Sources
- Divorce Act, s. 15.1 — Justice Laws (federal)
- Federal Child Support Guidelines, s. 3(1) — Justice Laws (federal)
- Ontario.ca – Set up or update child support in court — ontario.ca
- Ontario.ca – Paying and receiving child and spousal support — ontario.ca
- Ontario.ca – Set up or update child support online — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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