Does a Parent/Child Dispute Impact Child Support?

The quick response is No.

The general rule is that a child, under the age of majority, has a right to receive child support. As such, in this case, it does not matter whether the child and the parent get along or are in a dispute. In Canadian Law, child support is the right of the child not the parent.

The general rule may not apply in situations involving an adult child who has withdrawn from parental control. In this situation, a child may no longer be entitled to child support, or the support may be greatly reduced.

The factors that contribute to an adult child withdrawing from parental control can be complex. Some specific indications that a child has withdrawn from parental control may include:

  • The child being responsible for the breakdown in the relationship,
  • The child choosing to continue the breakdown of the relationship without efforts to repair it; and, and,
  • The child refusing all efforts of the parent to repair the relationship.

The issue of withdrawing from parental control tends to be confused with determining the amount of child support for adult children attending post-secondary education. SMP Law provided a detailed post about child support for adult children attending post-secondary education title “Is Child Support Available for a Child over 18 years old?” and “My Child is Going to University or College – What Happens to Child Support?” so you can review these posts for further information about adult child support.

SMP Law is always here to help SiMPlify your legal matter and answer any of your questions. Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

 

Like us on Facebook! Follow us on Twitter and Instagram!