Separation and divorce
Ending child support payments
Child support payments don’t automatically stop when a child turns 18. You may put an end to these payments only if you fall within certain situations. You will also have to follow specific steps to do so.
When can child support payments be stopped?
There are many situations that allow you to put an end to child support payments. Here are some of them.
The child is over 18 years of age and is financially independent
You can ask to end child support payments if your child is over 18 and is financially independent. A child is considered financially independent if they can pay for their own needs.
In contrast, a child over 18 who can’t pay for their own needs isn’t financially independent. This may be the case, for example, if they are ill or have a disability. In this situation, they are considered to be a “dependent child.”
As a general rule, the courts also recognize that a child over 18 who is studying full time isn’t financially independent.
The child or one of the parents has died
You can ask to stop making child support payments if your child or the other parent has died.
If the parent who has died was the one paying child support, you can claim a financial contribution from that parent’s estate, that is, the people who will inherit from them.
How to cancel child support payments
Even if you think you have a good reason for cancelling child support payments, you must take certain steps before you can stop paying. The steps you will have to take depend on your situation.
If your child is over 18 years of age and is financially independent
Make sure you keep your child informed of the steps you’re taking because an adult child might have a say in the process.
You, your child and your ex-partner agree to end the support payments
Even if you, your ex–partner and your child agree to stop paying child support, you usually have to “homologate” your agreement. This means that you have to get your agreement approved by the court through a judgment.
For example, a judgment homologating your agreement is required if Revenu Québec collects the child support payments. Having a judgment will allow you to end the child support withdrawals from your salary.
If you paid an amount of money to Revenu Québec to guarantee your support payments, you’ll be able to get this money back if you have a judgment.
You have two options for obtaining a judgment ending child support payments, depending on your situation:
The HAS is a low-cost service where a lawyer draws up your agreement and asks the court to homologate it. The regular fee for the service is $643, but you might pay less or receive the service for free depending on your financial situation.
To use the HAS, you and your ex-partner must both submit an application to the Commission des services juridiques (legal aid).
You must also meet certain eligibility conditions, for example, your current child support amounts must have been determined in a judgment.
If you don’t want to use the HAS, or if you don’t qualify for its services, you can ask for a homologation by submitting a request to the court yourself. A lawyer or notary can help you with this process.
Information on how to file a request:
- Cancellation of Child Support Payments (Gouvernement du Québec)
- Interactive guide: How to cancel child support for your adult child together (Justice Québec)
If you, your ex-partner and your child don’t agree
You and your ex-partner can ask a mediator for help if you can’t come to an agreement. The mediator will guide the discussions and try to help you reach an agreement. The government’s family mediation program offers a certain number of free family mediation hours.
If you, your ex-partner and your child reach an agreement, it must usually be “homologated,” which means that a court must approve it. (To learn about the steps to follow, please refer to the previous section: “You, your child and your ex-partner agree to end the support payments.”)
In the event you can’t reach an agreement, you can ask a judge of the Superior Court of Quebec to decide. The judge will consider whether your child is financially independent and whether it’s appropriate to end child support.
To learn more about how to file a request:
-
De facto spouses: Changing a Judgment (Éducaloi)
-
Married spouses: Changing a Divorce Judgment (Éducaloi)
Your child has passed
If Revenu Québec collects your child support payments, you must first let them know that your child has passed.
If you pay or receive child support for more than one child, you will need to obtain a judgment modifying the amount of the support payments. Your child support payments will be recalculated to account for the passing of your child.
If the child who’s passed was the only child for whom you were receiving or paying child support, letting Revenu Québec know of your child’s passing is all you need to do to cancel child support.
If the other parent has died
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WARNING
The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.
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