When Do I Stop Paying Child Support?

If you are paying child support and special expenses for your child(ren), you may be wondering when that obligation ends. The family law answer is: it depends. The Family Law Act states that child support must be paid, to the extent that the parent is capable, for their “unmarried child who, (a) is a minor; (b) is enrolled in a full-time program of education; or (c) is unable by reason of illness, disability or other cause to withdraw from the charge of their parents.” ¹

This means that if your child is under the age of 18; over the age of 18 but enrolled in a full-time educational program; or your child requires your support due to illness, disability, or other cause, you are obligated to continue paying child support.

So, when does child support end? This issue is not as straightforward as it might seem, and it is important that you keep in mind that your unique circumstances will be considered when determining whether or not child support should continue to be paid, or end. However, here are some examples of situations where child support would be terminated:

1. If the child is 18 years old, graduates high school, and is working full-time; or

2. If the child is over 18 years old and has been enrolled in a post-secondary program but has now graduated and is starting work full-time.

These are both examples of a material change in circumstances. In order to vary child support, including asking for the termination of child support, you must demonstrate that there has been a material change in circumstances. 

These issues are not always straightforward, and there are factual considerations for each family’s circumstances that will be considered in deciding whether or not to terminate child support. If you require assistance with terminating child support, whether in an agreement with your previous spouse, or applying to the Court, we're here to help. Book an appointment with one of our family lawyers today.