Generally, no they do not. Child support is created by an order of the court and can only be cancelled by another court order. There are two conditions that need to be met to stop child support:
- Child is of full age, over 18; and
- Child is financially independent;
Quebec courts generally recognize the importance of higher education in ensuring a child’s long-term financial stability. Child support usually continues if the child is pursuing post-secondary studies on a full-time basis. Parents may be required to contribute to tuition, housing, and other educational expenses in addition to basic child support.
Financial independence is assessed on a case-by-case basis. The courts usually apply the rule of thirds when an adult child starts to earn an income but is still considered dependant. According to this established principle, a third of the adult child’s declared revenue is subtracted from the basic parental contribution owed by the parents.
Therefore, the financially dependent adult will contribute proportionally to their expenses and the support from the parents will decrease. If the child is making more than $5,000 per year, it is possible the court applies 50% of their income in this calculation, instead of one third. Also, once the revenue of the child reaches $20,000 per year it may be difficult to argue that the child is not yet autonomous.
Consulting with a family lawyer can help navigate these intricacies and the important financial implications when dependent children of the marriage transition to autonomous adults.
