Child support

My agreement with my ex husband expires December 2019. Does that also mean he no longer needs to pay child support for my son who now lives with me full time. He is only 15 years old

Asked 8 months ago in Oshawa, Ontario
Categories: Family Law

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John  P. Schuman, C.S.

Answer by John P. Schuman, C.S.

VerifiedOntario lawyer

Child support is the right of the child.  Parents generally cannot deprive a child of his or her right to child support.  Further, a child's right to child support can go past the child's eighteenth birthday.   So, just because a separation agreement or child support agreement ends, the obligation to pay child support does not. Even if parents agree that child support will end on a certain date, that does not mean that child support will end.  Section 33(12) of Ontario's Family Law Act says that if a parent brings the issue of child support before the Court for a child under the age of 18, the court will only make an Order that is different from the Child Support Guideline Tables  if the child support arrangements benefit the child as much, or more than, the amount payable under those tables.  Any agreement that suggested child support should end before a child turns 18 or becomes 17 years old would clearly violate that provision.

One of the biggest mistakes people make after separation or divorce is not paying child support because not paying support really upsets judges.  So, for as long as a child is entitled to support, the paying parent should just pay it, whether there is an agreement or not.  Of course, the payor parent should make the payments in such a way that there is a record of having made them (no cash!) so that the other parent cannot go back and ask for the same child support again. For more information about how child support works, watch this child support video, or listen to this episode of the award winning Ontario Family Law Podcast. You can get a lot more information about Ontario Family Law issues, including a comprehensive explanation of child support, spousal support, property division, and most other common family law issues by downloading this $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone or ordering it from Amazon as a paperback.  But to understand how the law works precisely in your situation, it is always best to speak to a good Family Law Lawyer.

Posted 7 months ago

John Schuman is a Certified Specialist in Family Law.  He is the partner managing the Family Law Group at Devry Smith Frank LLP, a full service law firm located near Eglinton and the Don Valley Parkway in Toronto. Learn more about John! Call him at 416-446-5080 or 416-446-5847 or email Listen to the Ontario Family Law Podcast!

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact John P. Schuman, C.S., or search the Lawyer Directory.

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