Cancellation of alimony
Did you know that child support does not automatically stop at age 18?
Lise has just received a call from her ex-husband, Claude, from whom she has been separated for 10 years.
Claude informed her that he would no longer be paying child support for their son Nicolas, who has just celebrated his 18th birthday.
Nicolas is currently studying humanities at Collège Montmorency and intends to finish his CEGEP studies next year.
He doesn’t know what he’d like to specialize in next, but is seriously considering university.
Did you know that child support does not automatically stop at age 18?
Claude will have to apply to the courts if he wants to cancel or reduce it.
If Claude stops paying without a court order, Revenu Québec, which continues to keep track of the amounts owed, may seize his assets to compensate for the missed payments.
As for Lise, she will be able to oppose the request to cancel the alimony.
She will have to prove that Nicolas still needs alimony on the grounds that (1) Nicolas is unable to support himself, (2) he has taken all possible steps to support himself (e.g. by taking a part-time job) and (3) Lise is at least partially supporting him.
Obviously, Nicolas should not oppose Lise’s request.
In all cases, the parents’ financial situation will be taken into account.
If you are faced with such a situation and need advice, you should consult a lawyer…
