Child support for 20 year old

My eldest is 20. She dropped out of college last year. Child support for her stopped as per our separation agreement. She is not wanting to return to school. There is nothing in our separation agreement stating child support start up again, but my ex is asking for it.


Asked about 1 month ago in Ottawa, Ontario
Categories: Family Law

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

A recent decision of the Supreme Court of Canada has addressed the question you have raised. The link to the decision is below. Of course there are circumstances that govern each case, but my sense in the present pandemic is Courts will encourage or order payor parents to pay. We advise clients to maintain family harmony as much as possible, as there are years ahead of all of you: graduations, engagements, marriages, re-marriages, divorces, new step brothers or sisters, possibly new grandchildren for you, and of course who knows tragedy such as illness, accident or death involving your child or former spouse or a partner - I have seen it all in 41 years and it is better to take the high road if you can possibly manage. If you cannot manage support then talk to the other parent and the adult child. I have been divorced myself and I suggest you try to avoid the time, trouble and expense of court - work things out for the sake of your children, even if you do for short periods of time or based on academic or employment achievement. Of course encourage them to seek the government resources that are at hand. Here is the SCC decision link:  
  • Decision
  • Judgment rendered: November 14, 2019
  • Written reasons issued: September 18, 2020
  • Neutral Citation: 2020 SCC 24
  • Decision from the bench: The Supreme Court unanimously allowed the appeal
  • Breakdown of reasons:
    • Majority: Justice Russell Brown said courts can retroactively change child support orders, even if the child is grown up or the order has expired (Justices MoldaverCôtéRowe, and Kasirer agreed)
    • Concurring: Justice Sheilah Martin agreed with the majority, but said there were other important reasons to allow retroactive child support (Chief Justice Wagner agreed)
    • Concurring: Justice Rosalie Silberman Abella agreed with both Justices Brown and Martin (Justice Karakatsanis agreed)
  • On appeal from the Court of Appeal for for British Columbia
  • Case information (38498)

Posted about 1 month ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel, http://www.hassanlaw.com

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 <a href="http://hassanlaw.com/" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="http://legal.advicescene.com/account/www.hassanlaw.com" target="" rel=""></a><b><a href="http://www.hassanlaw.com/" target="_blank" rel="nofollow">http://www.hassanlaw.com</a></b>, or search the <a href="http://legal.advicescene.com/ca/lawyers" target="" rel="">Lawyer Directory</a>. <br>

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