Child Support Enforcement Eligibility
The Family Support Enforcement Act allows MEP to review the enforcement eligibility for an adult child (18 years or older) and stop enforcement for that child unless it can be determined that they are unable to live independently due to illness, disability or other reasons including attending secondary (high school) or full-time post-secondary studies. Proof of registration is required and MEP may request additional documents such as sealed registration documents from the educational institution or a form signed by a licensed physician confirming the adult child is unable to live independently due to a permanent illness or disability. The employment status of an adult child does not affect their eligibility for enforcement if MEP determines they are unable to live independently.
Support recipient responsibilities and involvement
A support recipient is required to notify MEP immediately once an adult child is no longer eligible for enforcement of support.
You can notify MEP by:
- Completing the Child Support Enforcement Eligibility Form – Adult Child form to notify MEP if your child is no longer eligible for support; OR
- Providing MEP with written confirmation with the date your child is no longer eligible for enforcement with your file number and PIN or signature.
MEP conducts regular reviews to determine if an adult child is still eligible for enforcement of support.
Support payor responsibilities and involvement
A support payor who is paying support for an adult child may request an enforcement eligibility review by providing the Child Support Enforcement Eligibility – Request for Review form along with any information or documents to support the request for MEP’s review.
How a MEP file is affected
- No changes will be made to the file if MEP determines the adult child is still eligible for enforcement of child support.
- If MEP determines an adult child is no longer eligible for enforcement of support, the file will be adjusted and enforcement will stop for that child.
- The support amount will be adjusted based on the number of children on the file who remain eligible for enforcement together with the support payor’s income from the most recent support order or agreement and the Child Support Guidelines used at the time the support order or agreement was granted.
- Support orders or agreements granted before 1996 cannot be adjusted if the child support payable does not specify an amount per child unless the support recipient provides MEP with the amount of support to be enforced. Child support payments assigned to Employment and Income Assistance (EIA) or Disability Income Support Program before July 1, 2019 cannot be adjusted, even if the child was no longer eligible for enforcement of support before that date.
How to reinstate enforcement of child support for an adult child
A support recipient may ask MEP to resume enforcement of an adult child by completing a Request to Reinstate Enforcement of Child Support form, with any supporting documents (for example: proof of post-secondary enrolment). MEP will consider whether or not the child is unable to live independently due to illness, disability or other reason (for example: attending secondary or post-secondary studies). MEP can only reinstate enforcement of support up to 60 days before the information is received. The 60 day reinstatement period may be extended in suitable circumstances.
Notification to the parties on the MEP file
Both parties will be notified of the outcome of a review and information on any updated child support terms and/or the arrears balance.
