Child support most times tends to be a complicated issue in family law simply because determining the time when a parent’s financial support should come to an end hasn’t always been easy as the support doesn’t automatically come to an end when the child turns 18 (or 19 in some states), and this stems up series of questions about how do the parents put an end to the payment of child support: does it happen by simply agreeing to do so? Or do they just need to get a court order to the effect?
This support doesn’t automatically come to an end when the child becomes 18 nor when the child becomes emancipated. An emancipated child is one who has successfully petitioned the court to allow them to become self-supporting and who no longer needs the financial support of their parents.
Emancipation could also come about as a result of marriage, full-time employment earning enough to be self-sufficient, enlisting in the armed forces, abandoning the parents’ home without reason or consent or some other act where the child becomes self-supporting.
The question of “who will pay?” is something that often comes up in divorce proceedings. There’s no need to be worried, though! A Toronto family law firm can answer all your questions and help with this issue as well other aspects like property division or child custody agreements if necessary
Underlisted here is different ways child support can be terminated:
1. Terminating support payments when a separation agreement exists:
If the parents agree on child support, it may be easier to modify or terminate payments with the consent of the other parent. If the parent has an amicable relationship with the custodial parent, the non-custodial parent can make every effort to come to an agreement.
2. Terminating support payments when there is a separation agreement, but parents cannot reach an agreement:
If parents cannot agree on an issue, they may have to get a court order to resolve the issue. Depending on what’s best for the child, the payor parent may have to continue making payments, even if the child is older than 18.
3. Terminating support payments that were imposed through a court order:
You and your co-parent can both agree to terminate the child support and bring a motion to change on consent. Once the motion has been granted, the court then makes a consent order based on your agreement.
4. Terminating support payments that were imposed through a court order when co-parents disagree:
If the parents do not agree on child support, one of them can bring a motion to change it. The moving party has the burden to show why the child support order should terminate.
If the change is granted, you will be required to fill out some forms and send them to the Family Responsibility Office.
If the FRO does not have this form, it will continue to take payments from the payor’s parent.
5. There is no separation agreement or court order, but there is uncertainty:
People who want to stop paying child support should talk to a lawyer. The person can inform the parent if a legal proceeding is necessary to change the child’s name. A family law lawyer in Mississauga from Tailor Law can explain the process of modifying an existing child support order.
NB: If the parents reconcile, child support usually does not terminate automatically. Instead, the Child Support Enforcement Agency will continue to collect child support. However, either parent can petition to end the child support order with the court. The court has the discretion to decide whether or not to end the order. It is more likely to do so if the parents of the child are living together. State law usually requires the child support to end if the parents marry each other.
If you have any additional questions or if you would like to discuss your matter with us further, feel free to call us at 905-366-0202 to arrange a free consultation. Alternatively, you can reach us via our website here.
