Does Child Support Stop at 18 in Ontario? Adult Children in School

Your child is turning 18, or already has. You may be paying support and wondering whether the payments end on the birthday, or receiving support and worried that they will. In Ontario the answer is not tied to a single date.

What matters is what your order or agreement says, and whether your child is still a dependent in the legal sense. This article explains how that works, what changes when a child goes to college or university, and what to do before you change anything.

No automatic end at 18

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

If the order or agreement is silent, support continues until both parties agree to end payments, or until a judge decides. That is why the first step is always to read the exact wording of your own document.

Who still counts as a dependent child

Under the Ontario 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.

If you are divorcing under the Divorce Act, the wording is different. A "child of the marriage" is a child under the age of majority who has not withdrawn from the parents' charge. It also includes an older child who is still under their charge but cannot withdraw or obtain the necessaries of life because of illness, disability or other cause.

Children who have left home

There is an exception for a child who is 16 or older and has withdrawn from parental control. Under the Family Law Act, the parental support duty does not extend to that child.

Whether a child has truly withdrawn, or whether an adult student is still dependent, depends on the facts. A child who moves out for school but still relies on a parent is a very different case from one who has chosen to cut ties. A lawyer can help you assess where your situation falls.

College or university: how the amount is set

For a child at or over the age of majority, such as a student, the amount is normally set by applying the guidelines 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.

For children under the age of majority, the presumptive amount is the table amount for the number of children, plus any special or extraordinary expenses. Expenses for post-secondary education are listed as one type of special or extraordinary expense that can be added to the table amount.

• Tuition and related school costs may be raised as an added expense rather than only as part of the table amount.
• If the court finds the usual approach inappropriate for an adult child, it may have regard to the child's circumstances.
• Each parent's ability to contribute is part of the picture.

What to do next

• Read your order or agreement and look for an end date or terminating event.
• Do not stop paying on your own if the Family Responsibility Office is enforcing the order; it tells payors to keep paying until it says in writing they can stop.
• If the payments are going through the Family Responsibility Office, do not pay the recipient directly.
• If you both agree support should end, put it in writing and ask a lawyer how to make it effective; where the order or agreement is silent, both parties must agree to end payments, or a judge decides.
• If you cannot agree, a court may vary or suspend support when there has been a change in circumstances, and may also deal with arrears.
• If you bring a motion to change support, it must include a current schedule of arrears from the Family Responsibility Office.

Because the answer depends on your wording, your child's situation and which statute applies, it is worth speaking with a lawyer before you stop or start any payments.

Frequently asked questions