Hi there, I am Deleta Grandy and I am an associate with Feldstein Family Law Group. Today I will be providing a continuation of my discussion on Child Support and addressing some of the questions you may have regarding the adjustment or termination of child support, including:
- When will child support be adjusted?
- How is child support adjusted?
- And lastly, for how long is child support payable
When and how will child support be adjusted?
Child support is typically adjusted whenever there has been a material change in circumstances. For the purposes of child support, a number of events could be classified as a material change in circumstances, including but not limited to:
- A change in the payor or recipient’s incomes
- A change in the child’s residence
- The child moving away from home to attend university
When there has been a material change in circumstances, a fresh analysis of the parties’ respective child support obligations can be completed.
In addition, it is common for many payors and recipients to adjust child support annually, upon the receipt of the completion of their income tax returns for the previous year. At this time, the parties exchange their complete income tax returns, notices of assessment, and whatever other financial disclosure is required to determine their child support obligation. The parties will then adjust the current child support arrangements, depending on the change in income.
The process of annual disclosure is very important, as it ensures that the payor’s child support obligations are being met and ensures that the payor does not begin to accumulate arrears.
When does child support terminate?
The termination date of child support is dependent upon the particular circumstances of each child. Generally speaking, child support terminates when a child turns 18 years of age, or until they are no longer enrolled in full-time post-secondary education. However, if your child moves away from home to attend school, you may be able to establish that full Table child support should not be payable monthly, but rather, an adjusted amount should be paid for the months the child is away at school, or full-Table support for the summer months when the child returns home.
Child support is generally paid at least until completion of the child’s first degree, certificate or diploma provided the child attends school on a full-time basis. However, as young adults are spending longer time in school, the case law is developing on this issue. In addition, if you are a high income earner, a court may determine that you have the means to pay support for the child past obtaining the first degree.
I’m Deleta Grandy. Thank you for watching today. If you need more information and wish to schedule a consultation, please visit our website at www.separation.ca or contact our office at 905-581-7222.