Child support payments do not come to an end automatically when your child reaches the age of 18. Since the payments are established by a court judgment, they can only be terminated by another judgment.
However, before applying for the cancellation of child support payments, you should check to ensure that your child’s situation entitles you to do so.
Grounds for cancellation
In general, you can request the cancellation of support payments if your child:
is of full age (over 18);
and is financially independent.
In some cases, the court may cancel support payments for a child over the age of 18, even if the child is still considered to be your dependent. This is based on the court's the court's assessment of your child’s degree of independence.
Before making a decision, the court will also take other factors into account, such as your child’s state of health.
Application for cancellation
You should discuss your plan with your child before applying for cancellation, since he or she must consent to the new arrangement.
To apply for the cancellation of child support payments, you should take the steps that match your own situation.
file the application and fee at the office of the Superior Court
in the judicial district where your child lives,
in the judicial district where your original judgment was rendered,
or if you and your former spouse have moved, in the judicial district where one of you lives.
Before filing your application, you can take part in a family mediation session with your former spouse and your child. You can also ask a lawyer for assistance. To simplify the process, you can ask the lawyer to have a negotiated agreement homologated by the Homologation Assistance Service of the Commission des services juridiques du Québec.