By Diane Staples
Right now, the law in Ontario states that adult children of married spouses are entitled to on-going child support if they qualify as a “child” under both the Family Law Act and the Divorce Act. The Divorce Act authorizes an adult child to receive child support so long as they qualify as a “child of the marriage”. Social Assistance and Disability Benefits will be taken into account in setting the amount of child support payable for these “children”. This excludes children born of common law parents. These adult children have to seek support through section 31(1) of the Family Law Act which requires them to be enrolled in full-time education. The test is whether the child is “unable to withdraw from the parent’s charge by reason of illness, disability or other cause.”
The idea that children are treated unequally based upon whether their parent were married or not, was seen as unconstitutional and was successfully challenged Friday, July 7, 2017 in a Brampton court room. The provincial government will table an amendment to the Family Law Act to provide access to adult disabled children.
Click the link to read about it. Ontario to change child support law to give adult children with disabilities access to parental cash
Diane Staples, Lawyer
#1 Wellington Road 124, Erin, ON , N0B 1T0
Tel: (519) 833-0040 Mobile:
Fax: (519) 833-0041