Question on termination of child support

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Exquizique

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If, on the divorce order, it lists a number of conditions/criteria at which time child support will cease (eg. when child turns 18), when the child meets one of these criteria (eg. turns 18 and is not enrolled in a full-time program of study), is child support understood to be AUTOMATICALLY TERMINATED, or does the payor have to apply to court to say that child support is/will now be terminated because of X reason(s)?
 
Exquizique said:
If, on the divorce order, it lists a number of conditions/criteria at which time child support will cease (eg. when child turns 18), when the child meets one of these criteria (eg. turns 18 and is not enrolled in a full-time program of study), is child support understood to be AUTOMATICALLY TERMINATED, or does the payor have to apply to court to say that child support is/will now be terminated because of X reason(s)?
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It all depends:

1. Is the FRO involved?
2. Do you have a written agreement that the child is not attending post-secondary education full time?

If you can get #2 you can then provide #1 and it will stop (there are forms you have to fill out.)

FRO won't take your word on it.

If you can't get #2 then you have to go to court to get an order to the effect of #2 and then go back to #1 (FRO) to stop payment.

If FRO is not involved and the child of the marriage is not in post-secondary school and you are 100% certain then you can probably stop payment. But, be forewarned that without a written agreement the other party can come back and say the child is etc...

Good Luck!
Tayken
 
I'm no legal expert....and this may be completely the WRONG thing to do, but I'd first talk to my ex about stopping payments when the conditions are no longer being met. If we agree and they stop then great. IF my ex wants to contest it then pay the expense of filing with the courts. Why incur the costs if it's not necessary?
 
The single biggest piece of information lacking here is the answer to this:

Is support currently paid through FRO or similar provincial maintenance enforcement program?

If the answer is YES, then you need to have support terminated via that organization, there are forms that need to be filled out, and if you search my other posts you will find the exact process to follow that will allow you to attempt to recup costs if it goes to court.

If the existing support order is NOT through FRO or similar, you would simply notify the CS recipient 30 days in advance, that due to the clause of X in your agreement (name the terminating event) that support for child Y is due to terminate on date Z.

Then effective that date, stop paying.

Now it also depends on your specific terminating events, if there are none, there is a federal definition of "child of the marriage" that is typically used. If the child is enrolled in full time post secondary school, CS will typically continue.
 
Thanks everyone - Tayken and NBDad, thanks for the very complete/instructive responses! In this situation, payment is currently not through FRO.
 
Can I ask a related question?
What happens if after the child support has stopped and the child then decides to enroll in the next semester (winter vs fall) or the following year? Does Child Support start back up?
 
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