Child support for an adult child: What you need to know
When a child turns 18, many parents believe that child support automatically ends. However, this is a common misconception. In Quebec, child support for an adult child may continue as long as the child is not financially independent.
This situation often raises many questions. A parent who pays child support may wish to end the payments, while the other parent may believe the child still requires financial support, particularly if they are pursuing post-secondary education or have not yet entered the workforce. In all cases, it is important to understand your rights and the steps that must be taken before making any changes to child support payments.
Child support for an adult child does not automatically end at the age of 18
Contrary to popular belief, reaching the age of majority does not automatically terminate a parent’s obligation to provide child support. The purpose of child support is to meet the child’s needs until they are able to support themselves financially. As a result, generally an adult child who is pursuing full-time studies or who is not yet financially independent may remain entitled to child support.
Each case is assessed based on its own particular circumstances. As such, age alone is not a sufficient reason to terminate child support.
When can you request that child support for an adult child be terminated?
If you are the parent paying child support, you may particularly consider requesting that it be terminated when your child has become financially independent. This may be the case, for example, when they have completed their studies, entered the workforce on a permanent basis, and obtained employment that enables them to support themselves.
However, even if you believe these conditions have been met, you should never stop making payments on your own initiative. Child support for an adult child is based on a Court judgement. Until a new judgement is issued, the support remains payable, and Revenu Québec will continue to collect the payments when responsible for administering the file.
Ending child support for an adult child: A new Court judgement is required
Many parents believe that Revenu Québec will automatically stop collecting child support when the child turns 18 or begins working. This is not the case.
To terminate child support for an adult child, a new judgement from the Court is required. Revenu Québec cannot modify or cancel child support payments without a new Court judgement. Depending on the circumstances, the Court may also decide that the termination of child support should take effect retroactively from a specific date rather than from the date of the new judgement.
Can the child’s income be taken into consideration?
Yes. When an adult child works while continuing their studies or transitioning into the workforce, their income may be taken into account in certain situations.
In such cases, the Court may determine that part of the child’s income should contribute to their own needs. This may result in a reduction of the child support amount rather than a complete termination of support.
Because every case is different, it is important to evaluate all relevant circumstances before taking legal steps.
Do you wish to continue receiving child support?
On the other hand, a parent receiving child support may face a situation where the other parent wishes to stop making payments simply because the child has reached the age of majority.
However, if for example, your child is pursuing their education, has a disability, or is still not financially independent, child support for an adult child may still need to continue.
If the parents are unable to reach an agreement, the Court will assess factors such as the child’s level of independence, educational or employment situation, and all other circumstances specific to your family before making its decision.
Consider reaching an agreement
Cases involving child support for an adult child are often resolved more efficiently when parents are able to reach an agreement. Doing so can help avoid long, contentious and costly Court proceedings.
Family mediation is an excellent option for discussing changes in the child’s circumstances and finding a suitable solution. The Government of Quebec also offers subsidized family mediation sessions in some cases.
Once an agreement has been reached, it is essential to have a detailed written agreement prepared to properly protect the parties. At our firm, we offer our expertise and a personalized, efficient, and seamless service to support our clients through this process. Because of our expertise, parents can benefit from a structured and comprehensive agreement that is tailored to their specific circumstances. This agreement will then be filed with the Court in order to obtain the judgement required to officially modify or terminate child support.
This amicable approach offers many advantages: lower costs, shorter timelines, a more cooperative atmosphere, and greater control over the outcome.
Get the legal guidance you need to protect your rights
Whether you wish to terminate child support for an adult child or continue receiving support because your child is not yet financially independent, it is important to obtain legal advice tailored to your particular situation.
Every case has unique circumstances, and deciding too quickly can have significant financial consequences. Legal guidance will help you assess your options, encourage an agreement whenever possible and take the necessary steps to obtain a Court judgement that reflects your reality.
Do you have any questions about child support for an adult child? Contact us. Our firm offers attentive, structured, and reliable legal support, whether through mediation, negotiations, or other legal avenues.
This article only summarily reviews the general concepts. It does not constitute a legal opinion nor does it replace the necessity to obtain a fact based legal opinion.