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Law.Hut
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Hi I live in Ontario and pay child support bmy kids are

Resolved Question:

Hi

I live in Ontario and pay child support bmy kids are now 22 and 23 years old and just finished their first degrees in University going on to do Masters programs.

Do i still have to pay child support ?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Law.Hut replied 11 months ago.
Hello:

Probably not. Child support is payable while a child is unable to withdraw from parental charge due to full time attendance in school. Most courts have ruled that a child should be able to withdraw from parental charge when he or she has a level of education that will allow the child to find entry level work in their field and usually completion of a university degree is seen as sufficient. There have been a few cases where courts have ordered support to continue for a Masters degree, but those are rare, and usually where there is little doubt about the ability of the parents to afford to pay for such further education and some indication that this would have Ben paid for for the child had the parents remained together.
Customer: replied 11 months ago.

Thanks


 


 


I am a physician and their mother is a Pharmacists working full time and re-married many years ago.


 


she is pushing for ongoing support , can i simply say that i believe support payments no longer required

Expert:  Law.Hut replied 11 months ago.
Yes, depending on the wording of any agreement or order for support. If there is no such formal arrangement then you can do so, and if she disagrees her recourse is to sue in court to try to convince a court the obligation should continue. Another factor in that case will be the resources of the children, S they have an obligation as adults to contribute as much as reasonable to their own support.

If the court order or agreement is worded such that payments continue pending further order or agreement then that is what is required to terminate support. If it states language such as support is payable until the child is no longer a child as defined by legislation, then you can terminate on the grounds that they are no longer legally children as they are able to withdraw from parental charge.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 6086
Experience: with over 15 years experience.
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