Child support is not automatically terminated when your son or daughter reaches the age of majority. Typically, you can request the court to annul child support if your child meets the following criteria:
(1) They have become an adult;
(2) They are capable of supporting themselves.
If these criteria are met, namely your child is an adult and financially independent, then you have two options to put an end to the child support payments.
The first option is to reach a mutual agreement with the other parent and your child to terminate the child support payments. If the agreement to cancel the child support is reached, our family lawyers can prepare a joint application for the annulment of child support, along with other necessary documents, and file the joint application for the annulment of alimentary support for an adult child with the Superior Court of Quebec. In this case, a court clerk will review your joint application and, if they find it well-founded in facts and in law, they will approve your consent to cancel the child support. This procedure is fast and inexpensive.
However, you might not always get the consent of your child or your ex-spouse. In that case, our family lawyers can file a regular application for the annulment of child support and represent your position in court. In this scenario, the judgment will be pronounced by a judge of the Superior Court after the trial. During the trial, it is the obligation of your ex-spouse or your child to prove that the child is still not financially independent.
The court will make its decision based on the overall circumstances of your child, including their age, health condition, level of education or type of studies, marital status, place of residence, and degree of autonomy. If necessary, the court will also consider the time needed for your child to achieve sufficient independence.
Sometimes the court might reduce the child support for an adult child. This could happen, for example, when the adult child is a full-time student but also works part-time and has an income. In such a scenario, the court can reduce the amount of child support you would otherwise pay by an amount equal to one-third of the child's annual income.
If you have more than one child, and some of your children have become adults and financially independent while others have not, you can file an originating application for modification of child support. In that case, you will need to submit to the court proof of your income, filled in Child Support Determination Form (Schedule 1), and the statement required under article 444 of the Code of Civil Procedure.
It is important to remember that you generally cannot request the court to cancel child support retroactively for more than six months preceding the date of filing your application. That is why it is crucial to submit an originating application for the annulment of child support for adult children in a timely manner.
SDN Legal Inc. can assist you in your efforts to annul child support or to revise the amount of child support for an adult child. To obtain legal services, call us at (514) 600-6025, or fill out the contact below.
Frequently asked questions in family matters
Which documents should be brought to the first meeting?
For the first meeting, you shall bring with you your valid photo ID. Further, it is good to have with you the following documents:
- A copy of the judgment establishing the child support. It can be your divorce judgment;
- Your last provincial notice of assessment and the last three pay stubs, if you asking to modify the child support.
Which documents should a lawyer prepare to cancel child support for a major child?
The list of documents to prepare depends on your particular circumstances. If there is no agreement between the parties regarding the cancellation of child support, we will prepare the following documents:
- Demand to cancel child support for a major child;
- Your declaration under oath;
- Notice of presentation;
- If applicable, demand for a safeguard order, if you wish to suspend payments immediately due to your particular circumstances.
Other services in family matters
Our lawyers practicing family law can render you various services in family matters, from simple consultations to representation in the Superior Court of Quebec and the Court of Appeal of Quebec. Our comprehensive services in family matters include:
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Joint application for divorce / amicable divorce (non-contentious procedure);
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Applications for separation from bed and board (legal separation);
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Demands for custody and child support;
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Applications for permission to travel abroad with minor children;
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Establishment of access rights of the grand-parents to their grans-children;
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Establishment of alimentary support for minor children;
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Establishment of alimentary support for major children who are still financially dependent on their parents;
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Modification of the child support;
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Cancellation of the child support for the children who reached the age of majority and became financially independent;
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Application for modification of custody and child support;
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Representation in the cases of parental alienation;
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Partitioning of the family patrimony;
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Partitioning of the partnership of acquests;
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Separation of the common-law partners;
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International litigations, where one party is domiciled outside of Quebec, including the cases where a party lives abroad;
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Litigations where one of the parties is absent and whose whereabouts are unknown;
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Establishment of filiation (demands to establish paternity, for example);
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Contestation of filiation;
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Demands for safeguard orders;
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Demands for provision for costs (request to order the other spouse to pay your legal fees);
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Continuation of the legal proceedings after they were started by another law firm;
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Representation of the clients in the Court of appeal of Quebec.
Contact us
Our adresse
1980, Sherbrooke Street West, suite 410, Montreal (QC) H3H 1E8
Email: info@sdnlegal.ca
Phone: +1 (514) 600-6525
Fax: +1 (514) 900-3834
