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To stop child support payments, the payor must file a motion to change with the court or make a written agreement with the recipient. The court will review the motion and determine whether child support should be terminated or varied. Payors should continue to make payments until a court order or agreement is in place.
Refusing Child Support While any such agreement to refuse child support may be allowed outside of a court proceeding, the Supreme Court of Canada in Willick v Willick states that parties are not allowed to barter away child support, as it is the right of the child.
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When your child is no longer a dependant, you have to take steps to make sure the separation agreement or court order is no longer being enforced. You may have to contact the Family Responsibility Office if they are enforcing child support payments. Or, you may have to go to court and bring a motion to change.
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