Does Child Support End at 18 in Ontario?

Your child is turning 18, or already has, and you are wondering whether the payments stop or the cheques start. Many parents assume a birthday ends everything. In Ontario, it does not work that way.

What matters is what your order or agreement says, whether your child is still a child in the legal sense, and how support is handled if your child is at college or university. This article walks through each of those points in plain terms.

No automatic end at 18

Ontario does not end child support automatically when a child turns 18. An order or agreement can set an end date or a terminating event.

If your order or agreement is silent on when support ends, both parties must agree to end payments, or a judge decides. Stopping on your own because of a birthday can lead to arrears building up, so it is worth getting the ending in writing.

Who still counts as a child

Under the Family Law Act, every parent must support an unmarried child who is a minor, is enrolled in a full-time program of education, or cannot withdraw from parental charge because of illness, disability or other cause. The duty applies to the extent the parent is capable of paying, and it applies whether or not the parents were ever married. The duty does not extend to a child who is 16 or older and has withdrawn from parental control.

If you are divorcing, the Divorce Act uses the term child of the marriage. That includes a child under the age of majority who has not withdrawn from the parents' charge. It also includes a child at or over the age of majority who is still under their charge but cannot withdraw or obtain the necessaries of life because of illness, disability or other cause.

Whether an adult student is still dependent depends on the facts and on case law. There is no fixed official test, so a lawyer can help you assess your own situation.

How support is set for an adult child

For a child at or over the age of majority, such as a student at college or university, the Guidelines apply the usual approach as if the child were a minor. If the court finds that inappropriate, it may set the amount it considers appropriate, having regard to the child's circumstances and each parent's ability to contribute.

Post-secondary costs can matter too. Expenses for post-secondary education are listed as a special or extraordinary expense that can be added to the table amount.

If you pay or receive through FRO

If your order is filed with the Family Responsibility Office (FRO), payors must make all payments through FRO. FRO tells payors to keep paying until FRO says in writing that they can stop, and says only a judge can change the amount in a support order.

• Do not stop payments just because your child turned 18, since support does not end automatically at that age. Keep paying until FRO says in writing that you can stop.
• Do not pay the recipient directly while the case is registered, as FRO warns against this.
• If your child has finished school or no longer depends on you, ask the other parent to agree in writing or ask the court to change the order.

Practical next steps

The online Child Support Service is not available if a child is over 17.5 or married. For an older child, you will likely need to work with the other parent on a written agreement or go through the court.

• Read your order or agreement for an end date or terminating event.
• Note whether your child is in a full-time program or has an illness or disability that prevents independence.
• Gather proof of school enrolment and any post-secondary expenses.
• Check with FRO before you stop or change any payments if your case is registered.
• Speak with a lawyer if you and the other parent disagree about whether support should continue.

Frequently asked questions