- A child under the age of majority is generally a 'child of the marriage' under the Divorce Act unless they have withdrawn from their parents' charge.
- The age of majority in Ontario is 18, and whether a teen has truly withdrawn is decided case by case.
- Only a court can change the amount of support, and payors should keep paying until the Family Responsibility Office confirms in writing that they can stop.
- A teen who moves out is not automatically self-supporting, so the facts of the move matter a great deal.
A 16- or 17-year-old packs a bag and moves in with a friend, a relative or a partner. If you pay child support, you may wonder whether your obligation just ended. If you receive it, you may worry that the money will stop while your teenager still needs help.
The short answer is that moving out does not on its own end child support. What matters is whether the young person has actually withdrawn from parental charge, which is a question of fact. This article explains the general framework in plain language so you know what to do and when to get advice.
What the Divorce Act says about a child who has 'withdrawn'
Under the Divorce Act, a 'child of the marriage' is a child under the age of majority who has not withdrawn from their charge. It can also be an adult child who cannot withdraw from parental charge or obtain the necessaries of life because of illness, disability or other cause.
In Ontario the age of majority is 18. For support under a divorce order, the age of majority is set by the law of the province where the child ordinarily lives. So a 16- or 17-year-old is still a minor, and the real question is whether they have withdrawn from your charge.
If you were never married, your support claim may fall under Ontario's Family Law Act instead of the Divorce Act. The wording of the test can differ, so it is worth having a lawyer confirm which law applies to you.
How courts look at whether a teen has withdrawn
There is no single definition of 'charge'. The idea looks at the child's financial dependency and the parents' control. A teenager who leaves home but still depends on a parent for housing costs, food and school expenses looks very different from one who works full time and pays their own way.
Support is usually denied when a child under the age of majority is self-supporting, for example through full-time work, marriage or other independence. Judges decide each case on its own facts.
- Does the teen earn enough to cover rent, food and other basic costs?
- Is the teen still in high school?
- Who is paying for the teen's housing, phone, transportation and school costs?
- Did the teen leave because of conflict, safety concerns or a personal choice?
- Is the teen living with the other parent, a relative or on their own?
None of these questions has a guaranteed answer. A court weighs them together, and a lawyer can help you judge how your particular facts might be seen.
What to do about payments in the meantime
If you pay through the Family Responsibility Office (FRO), it cannot change the amount you pay. Only a court can change the amount of support. FRO tells payors to keep paying until it says in writing that they can stop.
Support can end through a court order, a terminating event that both parties agree on, or a written agreement between the payor and the recipient. Deciding on your own that your teen has withdrawn and stopping payments can leave arrears building up. Missed support is called arrears, and a payor who is falling behind should contact FRO right away. A voluntary arrears payment schedule may be possible.
Changing an order when the situation has really changed
If your teen has genuinely become independent, the proper route is usually to ask the court to change the order. The Divorce Act lets a court vary, rescind or suspend a support order, but it must first be satisfied that a change of circumstances has occurred as provided for in the applicable guidelines. A change that would result in a different child support order is a circumstance that allows variation.
A court making a child support order may also set the period and impose terms, conditions or restrictions with it. That is why it helps to read your existing order or agreement carefully. It may already say when support is to end.
| Situation | What it may mean for support |
|---|---|
| Teen under 18 moves out but is still in school and depends on a parent | A child under the age of majority is a child of the marriage unless they have withdrawn from parental charge, and that is decided case by case |
| Teen under 18 works full time and supports themselves | Support is usually denied when a child is self-supporting |
| Teen moves to the other parent's home | How this affects support depends on your situation, so it is worth confirming with a lawyer. Only a court can change the amount of support. |
| Teen turns 18 and keeps studying | Courts decide case by case whether an older child still qualifies |
What to do next
- Keep paying support as ordered until a court order or FRO confirms in writing that you can stop.
- Read your court order or separation agreement for end dates and conditions.
- Write down when your teen moved out, where they live and who pays their costs.
- Gather proof of the teen's income, school status and living arrangements.
- If you are behind on payments, contact FRO right away.
- Speak with a family lawyer before filing to change an order or stopping any payments.
If you receive support and it stops after your teenager moves, a lawyer can explain your options for enforcement and for showing that your child is still dependent.
Frequently asked questions
Does child support stop automatically when my 17-year-old moves out?
No. A child under the age of majority is a child of the marriage unless they have withdrawn from parental charge. Whether that has happened depends on the facts, and only a court can change the amount of support.
Can I just stop paying if my teen is working full time?
It is risky to do so. FRO tells payors to keep paying until it confirms in writing that they can stop. A teen who is self-supporting may lose support, but that is decided case by case.
What is the age of majority in Ontario?
It is 18. After that, an older child may still qualify for support in some situations, such as illness, disability or other cause, and courts decide that case by case.
What if I already owe arrears because I stopped paying?
Contact FRO right away. Missed support is called arrears, and a payor can work out a voluntary arrears payment schedule. A lawyer can advise you on your options.
Sources
- Ontario.ca: Paying and receiving child and spousal support — ontario.ca
- Divorce Act, s. 15.1 (Justice Laws) — Justice Laws (federal)
- Justice Canada: Children Come First, vol. 2, Divorce Act sections — justice.gc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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