Do I still have to pay child support if my child is not in school?

Answer: Prior to answering your question, I first need to know whether there is a signed Separation Agreement or Court Order. If there is a signed Separation Agreement that is being enforced through the Family Responsibility Office, then we need to obtain either the consent of the mother or an order of a Judge to terminate the child support. If there is an existing Court Order, then the same analysis applies. As a matter of general theory, the support payor (you) is only obligated to pay child support as long as a child is a “child of the marriage.” Ordinarily, if a child is over 18 years of age and not engaged in acceptable full-time education then no child support is owed. Thus, based on your facts it would appear reasonable for you to take the position that no child support should currently be paid, although once again if there is a registered Separation Agreement or existing Court Order, steps must be taken before you can legitimately stop paying child support. I cannot provide any current guarantees to you however, if you telephone me for a free consultation at (877) 668-9386, I can thereafter provide more specific guidance once you have provided the required additional information to me.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).