When does Child and Spousal Support End? Family Matters by John Syrtash 'm retiring and a grandparent. When does child support end? And when can irrelevant and will not change his obligation to his first spouse. The duration of spou- sal support payments depends on the length of time two people resided together, finally stop paying spousal support? Do I have to get life insurandc not the amount of time they may have been technically married (if married at al) Short cohabitations under 5 years rarely invite a Court order of spousal support to be paid for any longer than this time, in the absence of unusual circumstances. Child Support Usually, someone paying child support knows that at some point a child grows up, gets a job, moves out and partners with a significant other, In short, the day For instance, if a woman had left her job in a foreign country to marry the payer in will come when he's going to stop child support. In some cases, particularly when Canada and was left stranded in this country, even after a short marriage, then she the payer is eaming a healthy income the end date may not come until after the my have a dlaim for support for a longer duration than the normal time period. child's second post-secondary degree, but it does eventually end, at least in Ontario. In Quebec, it may continue, since in that jurisdiction even grandparents can agreement on separation that imposes an obligation to pay support for at least John Syrtash B. A. (Hon), LLB Garfin Zeidenberg LLP for 37 years Mr. Syrtash is Senior Garfin Zeidenberg LLP Family Law lawyer this year Mamiages that last between five to ten years will often invite a Court order or an Family Lawyer & Mediator bued for child support while they are still alive. In Ontario, the Estate of a grand 5-10 years However, for "traditional" marriages or cohabitations exceeding parent can only be sued for child support if a child was his/her dependent during 10 years, spousal support is indefinite. However in the absence of a written the grandparent's lifetime. In addition, both Ontario's Famy Law Act and Canada's domestic contract, after 10 years, spousal support continues until a payer retires or Divorce Act impose life insurance requirements for parents who pay support to en to when there is a material change in circumstances, such as his sudden inability Family Law Associate to sure that their dependents have a fund on which to rely in case of their demise. The celebrating 37 years as a often the parent who has care and control, if not custody of the child to work beyond his control, such as a work disabling illness, unless a Court orders beneficiaries are the children but the Trustees of such policies are usually an adult, otherwise. The question is, when can one retire when a payer of spousal support does so for a long time after such a traditional marriage? There is no law that gives an answer to that question, although most authorities agree that a payer should be permitted to stop working full-time by age 65 or 67, However if the payer continues te the same income at either age or even at an older age, then his obligation to continue paying the same level of spousal support continues, In addition, if the pay Suite 800, 5255 Yonge Street Every case is different and in the absence of a written agreement or Court order spousal support will often end on a material change of circumstances, such as the payer's or recipient's substantial change in yearly income or if either becomes suddenly so ill that their ability to work is affected. Contrary to popular beliet the recipient's remarriage or re-partnering does not automatically terminate spousa ePension has already been divided with the recipient of support as part of their Civic Centre Subway station, property settlement, then on retirement, the payer's monthly pension cannot also be ed to calculate the recipient's spousal support entitlement, since doing so woulkd John Syrtash can be reahed support if the new "spouse does not earn as much as the paye, particularly after a be considered double dipping. The exception to this rule occurs when the reoipient the payer at (416) 642-5410, Cell (416) 886-0359. lengthy marriage. Much depends upon how much the new spouse or partneres on a yearly basis and contributes to the household. Remarriage of the payer is public assistance or she is so poor that the law will still require s either on to include his pension when calculating his support obligation. Visit www.freemychild.com; www.spousalsupport.com; www.garfinzeidenberg.com Neither Garfin Zeidenberg LLP nor John Syrtash is liable for any consequences arising from anyone's rellance on this material, which is presented as general information and not as a legal opinion. Sponsored by the Community for Jewish Culture of B'Nai Brith Canada.