In Ontario, some people remained entitled to child support even when they are over 18.  For example, a child who remains in a full-time program of education generally remains entitled to child support.  However, some situations where a child cannot provide for him or herself past the age of 18 are not as temporary. In some cases, a child has a disability which never allows the child to support him or herself.  In those cases, the formula for calculating child support gets far more complicated. Many factors come into play, including both parents’ incomes, the needs of the child, the amount the child is receiving from ODSP, and other factors. 

In these types of cases, it will be very important to gather the right evidence from the beginning in order to save costs and not waste time  Often, evidence is required about the child’s medical condition, ability to get a job, how ODSP is used, and needs related to his or her disability.  These factors can make disputes over support for adult children with disabilities very challenging cases. Moreover, it is not uncommon for one parent to have no relationship with the adult child, complicating the issue even further.

Michael H. Tweyman has been counsel in a number of landmark constitutional cases dealing with support for adult children with disabilities, including as an amicus in Coates v Watson, a case which led the Ontario government to change the legislation related to child support for adult children with disabilities.

Michael also dealt with cases that involve disputes over how much child support has to be paid.  In general, such cases do not use the tables of the Child Support Guidelines once the child is over 18 years old.  Instead, a balancing of a number of factors discussed above needs to be carried out to calculate the proper amount of support.  The amount of support to be paid is not always easy to determine.

Michael has acted for both payors and recipients in cases involving support for adult children with disabilities.  He has experience with the issue from both perspectives and understands the challenges these cases present.

If you are either the payor or recipient and your case has an issue relating to support for an adult child with a disability, call or email us at Modern Family Law LLP to reach a lawyer who has experience dealing with these types of cases.