For any divorce involving children, biological parents must provide child support to their children. Each parent gives child support according to the extent one is capable of providing support. One main question for any spouse ordered by the court to pay child support is how long they have to pay for the support. The time at which child support stops ends when a child attains the age of 18 years. But sometimes this may take longer depending on many factors.
How Long Should I Support My Child?
Every province or territory in Canada has its own guidelines. When it comes to child support cases, such guidelines must be followed. If you need any legal assistance to establish a child support order, you can consider looking for the best family lawyer in Brampton. In most cases, parents feel obligated to support their children even when they become adults. Others find it not necessary to offer support when their ex-spouse gets married again. Nevertheless, the law only allows a parent to support their children based on many factors which include:
- A child is less than 18 years of age. This is not an automatic end of support as there are other issues to be considered.
- The child is ill, has a disability or any other issue that may prevent the parents from withdrawing from their obligation. In case of a disability or any chronic disease, child support is allowed for the child’s entire life.
- The child is attending school. Support should be given even if the child is over 18 years of age and is not independent. In such a case, child support usually lasts until a child turns 22 or gets a diploma or a degree. In a few circumstances, child support may continue to allow the child to get more skills.
- Your child files a formal request with the court. This means the child can live without any parental support. It’s most common to a child who withdraws from parental control. However, the withdrawal must be voluntary. For instance, if there is child abuse and the child is forced to leave, this cannot be considered as a voluntary withdrawal.
- The court terminates the parents’ rights. The court may deem it fit to terminate the child support order at a certain point. The termination agreement will expressly provide the date on which the support obligation ceases to be in effect. Other unique factors, such as a parent’s death, loss of job, or deterioration in health may lead to the court terminating or changing the child support order.
For child support, both parents should support their children financially either after a separation or divorce. Judges have been known to stop any divorce if the parental agreements are not made towards the best interest of the child. Once your child is no longer dependent, you may choose to bring a motion to change the child support orders. You may choose to contact the Family Responsibility Office or speak to your family lawyer for legal guidance. The amount and duration for child support provisions are determined by the court which is flexible when making such assessments. For instance, when it comes to education, the court must be satisfied that the education being received by the child is reasonable depending on the child’s ability and expectations. It’s your responsibility to check what the court order says about the end of your child support.
What Is The Main Objective Of Child Support Guidelines?
The main objective of having the set child support guidelines is to ensure the below:
- To have a consistent treatment of every child who needs child support and to ensure order for spouses in such situations. Child support doesn’t discriminate; either the father or the mother has an equal task when it comes to supporting their children financially.
- Ensure kids continue to gain the same support they had before separation or divorce
- To reduce any tension between spouses. Some spouses are reluctant to provide child support. If one fails to follow the court order, they may be subjected to hefty penalties.
Any enforcement of child support is given based on what the court considers to be appropriate. That is, the amount should relate to the condition or the given circumstances of the child and the financial ability of both spouses. Additionally, the court may also determine child support based on the child’s standard of living before parents separated or divorced.
Working Out Your Child Support Case With A Lawyer
Child support issues sometimes seem to contradict due to the many decisions made. Indeed experienced family lawyer is better equipped to work out any case involving child support. While determining how long child custody may last may seem straightforward, some issues need legal attention. If you have any questions regarding child support, you can consider talking to an experienced family lawyer.