x wants support for 21 yr old disability but he can get disability?

[pearl4]

My x wants spousal support as well as child support now as my 21 year old son has been diagnosed with depression and anxiety now and unable to work. My son can apply for a disability on his own and wondering do I still pay support for him? I'm on a disability as well for the same thing, but have a private disability and get cpp disability. My x also is asking for retro to when we separated a year ago. My lawyer feels we should go to court over the spousal as my x is retired but has a business but of course he has said in his statements that he has lost money each year and looking at closing up the business. Funny he gets huge returns each years. He wants me to be his cash cow. I don't have a pension and he does for the rest of his life. He is only 54 and able to work and only showing a financial need of $11,000.00.

Any thoughts?

[blinkandimgone]

Is your 21 year old a student or was he out of school and working, now unable to work?

If the kid was a full time student and is currently out of school for medical treatment with intentions of returning in the near future, then yes CS should be considered.

If not, he is no longer a child if the marriage and CS ends.

[pearl4]

He was in school until last December. We separated end of January and he moved with his dad. He was to attend college in the fall but needed counselling and said he was depressed from january to sept which I said was normal because that's when we separated, and he said he was fine now. I saw him in October and then at Christmas and he was doing well. He's having sleep issues and with his depression unable to work so unable to go back to school. Even if he is healthy I don't think he would get a job. I suggested I could set him up to volunteer for basketball with my cousin at a high school but he's happy to be at home doing nothing. I know it's tough on him but with also going through depression myself for over 19 years he's been ripped out of his home, no friends around and it's up to him to get out and do something. Find something to do. His dad wouldn't push him and my son would barely work much in high school. I didn't agree with it but x wouldn't co parent and push him to. Last summer my x threatened to take me to court because he said I wouldn't release the school funds but x took money out of their school account (extra money we had) and said I took it. The money wasn't needed until Nov because x took this money and I didn't feel my son was well enough to go to school. Lo and behold the psychologist said he wasn't well enough. My x is turning my son against me with all the lies but I realize I can't do anything about it. So he is now asking for support because of his disability and my x is also going for support from me.

So how does the support work? He has just put this in with the info that came back? Am I to start paying now or not until a separation agreement is in place? There is a disability he can apply for so how does this work with child support?

[stripes]

According to S2 of the Divorce Act, a child of the marriage is "child of two spouses or former spouses who, at the material time, is under the age of majority and who has not withdrawn from their charge, or is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life." If your son is disabled by his illness to the extent that he is unable to work or support himself and your ex is supporting him, I think he is still a child of the marriage and CS is payable.

If he is actually receiving a disability pension (in place of income, because he can't work), however, this could be interpreted as "obtaining the necessaries of life", and CS might not be payable.

So I think you need to know whether he is receiving a pension, or whether he is financially dependent on his father because he can't support himself or go to school, and whether this has been documented by a physician. Medical opinion is more important than your opinion or his father's opinion.

[MS Mom]

He won't qualify for CPP disability as he's 21 and hasn't been in the workforce long enough to get the CPP credits required to qualify.

The option for people in his situation is ODSP (if in Ontario). That's a whole other application and set of qualifying criteria. It's highly likely that he wouldn't medically qualify for ODSP, but that's decided through the application process.