Robert Brankin, Avocat / Lawyer

www.child-support-montreal.com

Tel: (438) 558-1040

Email: avocat@robertbrankin.com

Cancellation

In some circumstances, when the changes in the situation of the parents and/or your children are so important, the Court can cancel or suspend the child support.

The most frequent situation in which the Court cancels or suspends the child support are:

1) The children have become major of age and do not live with their parents anymore;

2) The children have an income that makes them financially autonomous;

3) The income of the non-custodial parent, the payer of the child support, has decreased to a level under the threshold of the basic parental deduction for the purposes of calculation of the child support;

In those cases, the non-custodial parent, the payer of the child support, can file an application to the Court. There is no such a thing as an automatic cancellation or suspension of the child support, it takes a new judgment to that effect, as in the cases of the modification of the child support.

The cancellation of the child support is usually requested when the change appears to be more permanent, more definitive, as for example if the children became major of age, have finished their studies, have found a job that makes them financially autonomous et have their own apartment.

The suspension of the child support is usually requested when the change is more temporary nature (for example the non-custodial parent, the payer of the child support, has lost his job, has finished his unemployment insurance benefits and hasn't find a new job) and the children are still in charge of their parents. In those cases the Court will only suspend temporarily the child support until the moment when the non-custodial parent, the payer of the child support, finds a new job and become again financially capable of supporting his children.

Me Brankin can assist you in evaluating with you if the changes in your situation since the last judgment are worth it to address the Court with an application for suspension of the child support and if this is the case, Me Brankin can prepare this application for you, file it with the Court and represent you in the legal proceedings. If both parents agree to the suspension of the child support, then Me Brankin can be common attorney for both parties within a joint application for suspension of the child support.

   

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