Child Support Under Eighteen

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3johnsmith

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If a child who is receiving child support graduates from high school at 17 years old, is the payor responsible to pay child support until that child turns 18. The child in question earned approximately $3,000.00 during the six months from the time he graduated from high school until he turned 18 and lived with his mother as he always had. The father takes the position that he shouldn't have paid child support for those six months. The mother wants to be fair but her understanding was that child support was payable until 18. Can you please advise who Is correct?
 
Ontario Family Law Act

Obligation of parent to support child
31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.
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"Who is a minor or is enroled in a full time program.." Just because the child graduated from high school did not mean that the child had ceased to be a minor.
 
Help!!Continued Assertion that No Child Support for Minor

Help!!Continued Assertion that No Child Support for Minor

Hi and Help! I gave the mother the answer from Mess that that child support is payable for a minor which makes so much sense however, the husband's family law lawyer who has just served his Mediation Memorandum again insists that the husband shouldn't pay child support on the basis that the child completed high school in June 2011 and works full-time - following is the fact:

Child graduated from high school at 17
Worked sporadically until December when he turned 18
with T-4 earnings of $3,500.00 over entire year from one job and
earned $1,700.00 for a different job.

Husband's lawyer insists that child support should end at graduation from high school and is seeking re-payment of child support - how can the mother argue against that?

Any wording also appreciated. Thanks!
 
I would be asking what does their divorce order, or separation agreement say??

As pointed out previously what the law says, that's just one guideline..... it does not matter one bit how much the child made in their part time job - bravo to the child for getting out there and working!!
 
3johnsmith said:
Husband's lawyer ... is seeking re-payment of child support - how can the mother argue against that?
Any wording also appreciated. Thanks!
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Just give them the quote from the guidelines. If they keep asking, ignore. If they take you to court, just file the quote from the guidelines as your response. Don't get drawn into some complicated argument.
 
There is only a support order that was made in 2000. No divorce.

Advice:
So the mother's response to that claim should say something like:

"The child is entitled to child support pursuant to "31. (1) Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full time program of education, to the extent that the parent is capable of doing so. R.S.O. 1990, c. F.3, s. 31 (1); 1997, c. 20, s. 2.".

and (or not)

"attached is copy of the child's T-4 Slip which indicates he earned less than $4,000.00 in 2011. The Respondent denies the child ever worked full-time."

or is h
 
Child Support Under 18 - Settled at Mediation and Thanks

Child Support Under 18 - Settled at Mediation and Thanks

Thanks to all of you for your very valuable advice - the mother had her mediation and when asked by the mediator who was a senior family law lawyer in the area, the Family Law lawyer retained by the father actually said he was relying on the fact that if a child was 16 and no longer in school and working, child support was not payable and also went on to say that the age of majority in relation to divorce issues was 16. Not surprisingly,the mediator asked him for support for that allegation and he couldn't come up with any and that part of the motion was quickly agreed upon that the children should receive child support to the age of majority at 18 as they were no longer in school and it didn't matter that that a child was earning money. I am totally shocked that a lawyer whose only practice is that of family law would seriously give advice to a client, issue a Motion to Change and cling to that argument for 7 months - that is just terrible for the father to have paid money to that lawyer but it is good news for the mother who I was helping who could not afford and did not have to pay a lawyer thanks to the good advice given here. Thanks very much.
 
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