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Retroactive child support payments for adults might be possible

Child support is a way for a non-custodial parent to help take care of a child. The court orders these payments, but not all parents take the obligation seriously. In some cases, a non-custodial parent will opt to not pay the child support payments. Once the child becomes an adult, the non-paying parent might think he or she is off the hook for the child support. That might not be the case.

In most cases, a parent who is supposed to receive child support would have to fight for the child support while the child is still a minor and is still legally eligible to get child support. There are some exceptions to that.

The Ontario Court of Justice awarded a 19-year-old person with retroactive child support even though the person isn't in school. The case involved a father who paid child support from 2011 through 2014 for three children. He paid less than the guidelines required. The mother applied for retroactive support since he wasn't paying enough.

In this case, the court decided that an exception should be made in regard to the 19-year-old person, who was the oldest of the three children. The other two children were still eligible for child support payments.

The court found that the father was trying to control and intimidate the mother. He didn't let her know when his income increased. The court noted that it hoped he would straighten out his behaviour.

This case won't necessarily apply to all cases involving adult children, but it might apply to some. If you think that you should get retroactive child support payments, you should explore the circumstances to determine if you might qualify for an exception like the one made in this case.

Source: FindLaw Canada, "Court orders adult child to receive retroactive child support from deadbeat dad," accessed Aug. 25, 2016

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