When Does Child Support End in Ontario? Ages, School and Exceptions

Whether you pay support or receive it, the question comes up sooner or later: when does it stop? Many people assume payments end on a child's 18th birthday. In Ontario, it is not that simple.

This article explains the general rules for age, school and disability, why the wording of your order or agreement matters, and what to do if you think support should end.

No automatic end at 18

Ontario does not end child support automatically when a child turns 18.

If your order or agreement says nothing about an end, both parties must agree to end payments, or a judge decides. Stopping on your own, without agreement or a decision, can leave you exposed to arrears.

Who counts as a child who must be supported

The rules depend on whether you were married and whether you are divorcing. Never-married parents, and married parents who are separating without divorcing, are under the Family Law Act and O. Reg. 391/97 rather than the Divorce Act. Divorcing parents are under the Divorce Act.

Whether a child has truly withdrawn from parental control or charge, or an adult child is still dependent, depends on the facts. A lawyer can help you assess your situation.

School, college and university

A child who is enrolled in a full-time program of education can still be owed support under the Family Law Act. For a child at or over the age of majority, such as one at college or university, the amount is 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.

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

Ending or changing payments the right way

If your order or agreement has an end date or terminating event, check its exact wording first. If it is silent, you need the other parent's agreement or a judge's decision.

Where there has been a change in circumstances under the guidelines, or new evidence is available, a court may discharge, vary or suspend child support, prospectively or retroactively. It may also relieve the payor from paying part or all of the arrears or interest.

• If your case is registered with the Family Responsibility Office (FRO), the payor 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.
• Withdrawing an order from FRO requires a written notice signed by both the recipient and the payor.
• If the payor is behind, the recipient alone may withdraw the order.
• Once an order is withdrawn, the Director must stop enforcing it, and either party may later re-file it by signed written notice.

What to do next

• Find your order or separation agreement and look for an end date or terminating event.
• Note the child's current situation: age, schooling, health and living arrangements.
• Talk with the other parent about whether you can agree in writing on an end date.
• If you cannot agree, ask a lawyer about applying to the court.
• If FRO is involved, keep paying through FRO until it confirms in writing that you can stop.

Frequently asked questions