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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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  #1  
Old 11-16-2017, 11:15 AM
ifonlyihadknown ifonlyihadknown is offline
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Default Ontario to include adult children with disabilities in child support law

Just saw this today,

Ontario has introduced an amendment to the Family Law Act that would make all adult children with disabilities — including those whose parents were never married — eligible for child support.

The justification is that this brings Ontario's law more in line with Federal legislation.

This doesn't affect me at all but I wonder if there is any age after which a disabled child would not require child support or is this a lifetime child support situation.

I also wonder if a married couple with a disabled child is legally required to provide financial support after a certain age.
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Old 11-16-2017, 12:35 PM
rockscan rockscan is offline
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Most intact families with a disabled child continue to support and care for their child. Its the varying levels of disability that impact them. There has also been ongoing struggles for families of disabled children finding the community supports required as well like respite care, work placements and educational opportunities.

My only concern with this change is the disability. Can parents claim illnesses as a disability for instance diabetes or heart conditions? Some kids with lifelong illnesses are capable of supporting themselves but there may be those who try to take advantage if it.
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Old 11-16-2017, 12:39 PM
ifonlyihadknown ifonlyihadknown is offline
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My concern is that I believe that separated parents should have no further obligations than married parents towards their children.

Obviously, Family Law does not agree with me on this one.

Married couples can decide not to pay for their children's post-secondary education while separated parents can be forced to do this. I don't think that's right.
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Old 11-16-2017, 12:46 PM
rockscan rockscan is offline
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Quote:
Originally Posted by ifonlyihadknown View Post
My concern is that I believe that separated parents should have no further obligations than married parents towards their children.

Obviously, Family Law does not agree with me on this one.

Married couples can decide not to pay for their children's post-secondary education while separated parents can be forced to do this. I don't think that's right.


Different issue.
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Old 11-16-2017, 02:35 PM
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It is the same issue actually. "Married Parent as Maximum" is a reasonable ethical standard for determining the obligations of parents. I have not seen a good argument for the marital status of the parents to have any bearing on their obligations. Child support flows from the normal obligation of parents, even married parents, to support their children.

One argument I have heard is that divorce sucks for kids. That's true. Having violent parents, alcoholic parents, uneducated parents, emotionally detached parents, etc. also sucks for kids, but we don't force crappy parents to pay for more than their married counterparts. We don't force crappy parents to support their disabled kids.

Married parents may want to support their disabled child, but they don't have to.

Divorced parents may want to support their disabled child, but they shouldn't have to.
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Old 11-17-2017, 12:51 AM
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Don't get too concerned about this. The federal government is cracking down on what classified as "disabled". I don't think any parents with type 1 diabetes kids are going to be paying child support for their children when they are 32 and an executive at a bank.

This covers children who are unable to work, require constant care, etc... A very small % of the population. Furthermore, the court will no doubt throw the OCL at every claim to guide the court to "evaluate" the disability of the child.

It isn't a bad thing. If you have a child who is unable to support themselves and live outside the home and your constant care then the law has been aligned with every other province.

These are quite possibly the saddest cases before the court.
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Old 11-17-2017, 07:39 AM
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Originally Posted by Tayken View Post
Don't get too concerned about this. The federal government is cracking down on what classified as "disabled". I don't think any parents with type 1 diabetes kids are going to be paying child support for their children when they are 32 and an executive at a bank.



This covers children who are unable to work, require constant care, etc... A very small % of the population. Furthermore, the court will no doubt throw the OCL at every claim to guide the court to "evaluate" the disability of the child.



It isn't a bad thing. If you have a child who is unable to support themselves and live outside the home and your constant care then the law has been aligned with every other province.



These are quite possibly the saddest cases before the court.


Thats what I was thinking. I know of a family with a 22 yo with cerebral palsy. The parents split when she was 17. Thankfully both parents are committed to supporting her continual in home care with no support issues. Sadly they may be an anomaly.

I just worry (a little because I hope judges are smarter than that) about my partners ex who would argue that depression is a disability to get cs for longer.
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Old 11-17-2017, 09:35 PM
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well i have a 19 year old son who is autistic , and for the last 7 years hasn't really gotten the help he needs , the courts gave custody to the mother who moved him to a native reserve on Manitoulin island , so I expect to pay for him for life and thats ok by me
if only his mother would take care of him , but hey thats the courts for ya .... bunch of lazy assholes ......
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