All children are entitled to the financial support of both their parents. Child support typically ends at 18, or if the child pursues higher education, when they are no longer dependent on their parents.
Some children with physical or mental disabilities may always be dependent, even after they reach legal adulthood. Permanent child support in Toronto is possible in these circumstances. Speak with an experienced family lawyer who could analyze your specific case and explain whether an ongoing child support obligation is likely.
The federal Divorce Act obligates parents to provide support for children of the marriage, which includes adult children with physical or mental disabilities that prevent them from withdrawing from their parents’ care. However, this law applies only to the children of parents who were once married. In 2017, Ontario amended the Family Law Act S.31 to extend the obligation to provide financial assistance to the disabled adult children of parents who were never married.
When support is sought for an adult child, the court considers whether the child could withdraw from their parents’ care. A fact-specific analysis is required to determine whether the child’s disabilities prevent them from living independently or in a supported environment outside the parental home. If the evidence reveals that the child must remain in their parents’ care, continued child support may be appropriate.
A parent in Toronto seeking permanent child support must prove that their child cannot live outside their charge. A family lawyer could compile the necessary medical opinions and other evaluations to help a court determine the severity of a child’s disability.
Child support for minor children in Ontario is based on the table amount found in the federal guidelines, plus Section 7 expenses and adjustments, if warranted. Calculating support for a disabled adult child requires a different procedure.
Disabled adults may receive payments from the Ontario Disability Support Program (ODSP) to cover their basic needs for food, shelter, clothing, and transportation. They may also receive other government benefits or have income from different sources.
A judge considering an adult child’s need for permanent financial support may determine their monthly expenses and income from ODSP and any other sources. If there is a shortfall, the parents must share the cost in an amount proportional to their respective incomes. A Toronto family lawyer could help a parent prepare an accurate analysis with supporting documentation describing the costs of supporting their disabled child.
Only courts may modify child support orders. Parents must abide by an existing order until a judge modifies or vacates it.
Parents could negotiate an adjustment when their disabled child becomes an adult. In this case, a Toronto lawyer could formalize the parents’ agreement into a revised child support order and submit it to the court for review. The court may then issue a new order.
When parents cannot agree on a permanent child support amount, the parent seeking a modification must petition the court for a change order. The court may hold a hearing, during which each side presents evidence and makes arguments supporting their position. It is critical for both parties to have capable legal representation at the hearing.
There is a significant physical and emotional burden to being the caregiver of a disabled adult child. The parent who provides this supervision and care should not bear the financial burden alone.
Contact the lawyers at The Riley Divorce & Family Law Firm if you have questions about whether permanent child support in Toronto may be available in your case. We are always available to help, so reach out now.
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