A reader wants to know: when is it possible to stop paying child support for an adult child and what are the criteria that a judge will take into consideration to cancel said support?
Firstly, child support is payable for an adult child while they are not financially autonomous, and in school full-time, and in a serious program of study.
In order to have the child support cancelled, the parent paying the child support must present a motion in court.
The court will take into consideration: the age of the child; their school attendance; as well as the grades of the adult child. If the adult child is constantly changing their program in school and is not serious in their studies, the judge can cancel the child support. As well, if the adult child has already completed a program that allows them to go into the workforce, a judge may also cancel the child support.
Although judges try to give a chance to an adult child, in order for them to complete their studies, if the adult child continues to fail his or her courses and/or does not attend their courses, the judge can and will decide to cancel the child support.
In certain cases, the judge will give a final chance and will set an end date for the child support in the judgement. As well, the judge can order the adult child to transmit, to the parent paying the child support, their proof of registration in school and their class attendance, as well as their grades.
Gianina Fuschini, Attorney-at-Law
Alepin Gauthier Avocats inc.