A child turning 18 means it has reached the age of majority. The paying parent can now drop the child support payment for them. But no, the thing is not so easy as you are thinking.
Several circumstantial issues can influence the termination process of child support, although the child is 18.
This article tells you all the necessary details about how to stop child support payments if your child is 18. Read on to learn.
Do Child Support Payments End Automatically?
No, child support payments never end automatically. It needs a proper legal procedure to be gone through. For child support ending or terminating, parents, especially the paying parent, need to file an application to the court and provide logical evidence for their application. The court then reviews and judges the circumstances and issues a specific termination date.
Generally, child support payments get dropped when a child turns the age of majority or moves out somewhere else for higher studies. However, exceptional cases are also there where parents need to provide child support payments even after the age of majority or for a lifetime.
How to Get Child Support Dropped If the Child Is 18?
When a child reaches 18, paying parents can think about dropping the child support payment for that child. But the process is not clear to all parents.
Here we have provided a brief discussion below on how to get child support dropped if the child is 18.
Let’s explore the details.
Age of Majority According to Province Law
In the case of a child support order, the law, generally, is that when the child turns 18, the paying parent can drop the child support payment for that child. This age range is known as the age of majority.
In most provinces, the age of majority for a child is 18. There might be some exceptions in some areas as well.
However, the thing is not like that when a child turns 18, the paying parent can stop the support by themself. Rather the parent must go through a specific legal procedure.
First, the paying parent needs to appeal to the court for dropping child support payments and logical evidence. Then, the court will modify the child support order and provide an exact date from when the parent need not pay any child support.
It must be assured that there are no pending child support payments before the termination date. If there are any, the court might take legal action against the parent.
In Case of Emancipation
Some children become emancipated before turning 18. In that case, child support payments are not necessary for them. The child itself can apply to stop getting child support payments.
Mostly, emancipation cases happen when a child joins any job that makes them self-dependent, marries someone, moves to a new province, and so on.
The court welcomes such appeals from the emancipated children. But the child must provide sufficient proof of their being emancipated. Cases like having a baby, getting public support, or dropping out of school are not considered emancipation.
After the Child Turns 18
Usually, the paying parent can apply child support payments to stop once his child reaches the age of majority. But some children might need child support even after they become 18. In that case, the paying parent is obliged to support that child until the child becomes self-dependent.
For example, if your child continues studying in a high school after reading 18, you must pay the child support until they complete the study or become a graduate.
Another thing is, if your child is physically or mentally disabled, you must pay child support to the child after its age of majority or, in some cases, for a lifetime.
Do I Need A Lawyer for Help with Terminating Child Support?
Obviously, termination of a child support order requires a specific legal procedure. And in case of any legal issues, you need a good and professional lawyer by your side to handle all things smoothly.
When you share your child support payment termination decision with your lawyer, s/he will best guide you whether you need to go to the court for an appeal or any legal service center can handle the issue.
Moreover, there might be many hoops in a legal case that you might not understand, which your lawyer can handle nicely. So, consulting with an experienced lawyer is a must to help terminate child support.
Now you probably know the necessary details about how to get child support dropped if the child is 18, right? The age of majority, emancipation and other cases might change in the case of a child. Before dropping child support, you need to review the issues carefully. Otherwise, you might face the hassles of legal penalties.