I pay child support and my eldest child is turning 18 in January 2013, he graduates June 30, 2012 and he is not going to college or university untill 2014 I was wondering if I have to continue paying child support even though he is not going to school?
Child support is only payable for a child over age 18 if that child is unable to withdraw from parental charge for some reason, such as disability or regular attendance at an educational institution such as university. There are cases that courts have said that a child can resume the status of being entitled to support when going back to school after a break, but this is not automatic. A court would look at the reason for the break, it's length, the age of the child, and whether they have reasonably tried to earn and save money for their own support. There are a number of decisions where a child went to travel for example for a few months after high school and then courts lowed them to resume status, and others where a child chose to work for a couple of years after high school, and a court would be more likely in such a situation to refuse to allow child support. There are no fixed rules unfortunately and it is in the discretion of a judge, so no one can tell you with certainty whether you will have an obligation in 2014 or not.
I live in Alberta & I was told years ago that if the child attends college after graduation & that he still lives with his mother then my child support payments continue but if he doesn't continue with his education or he moves out of his mothers home am I still required to pay; my son has no disabilities or any other aliments.
If he is not going to school then there is no obligation to pay child support. It does not matter if he moves out or not.
with over 15 years experience.