In Auckland Columbia, child support doesn’t necessarily end when a child reaches the age of 19. While the most common reason for support continuing past that age is likely full-time attendance at a postsecondary educational institution, another frequently seen reason is that a child is unable to withdraw from their parent’s care due to mental or physical challenges they face.
In BC, the courts recognize the ongoing responsibility of parents to support their adult children with disabilities, although that can be challenging to prove.
This article talks about adult disabled children. For child support for disabled children generally, including those under the age of 19, click here.
How does disability impact child support in BC?
In B.C., only “children of the marriage” or “children” as defined in s. 149 of the family Law Act are eligible for support.
Children of marriage are children of parents under the age of majority or children over the age of majority who cannot withdraw from their parents’ care due to education or disability. The age of majority in BC is 19.
At what age does child support in BC end, and how does disability extend this support?
Child support in BC can end at 19. However, if the adult child cannot withdraw from care due to disability, the duty to pay child support continues beyond the age of majority. This continuation of support recognizes the ongoing needs of a disabled adult child and can go on indefinitely.
Which parent has to prove the adult child can or cannot withdraw from care?
The parent claiming the child still requires support beyond the age of 19 must provide evidence to the court that shows how the disability prevents the adult child from becoming financially independent.
What kind of evidence is needed to prove that an adult child cannot withdraw from care due to disability?
Medical evidence is crucial. This includes detailed records, assessments from healthcare professionals, and documents outlining the extent of the adult child’s ability. However, it is essential to note that government assistance recognition documents and letters or clinical doctors may not be sufficient evidence on their own. The medical evidence must clearly show how the adult child cannot become financially independent.
Does being recognized as a “person with disabilities” for government assistance guarantee child support for an adult child?
No. While showing that the child has been accepted as a “person with disabilities” is beneficial, it does not guarantee child support for the adult child. The legal system has its own criteria, and additional evidence demonstrating the ongoing need for child support is necessary.
Does receiving government disability benefits impact an adult child receiving child support?
Potentially. The courts may deduct a child’s monthly disability benefit if it is appropriate in the circumstances of that case. In some cases, this has meant a reduction in child support amounts. In other cases, the courts found that the disability benefits exceeded the child’s financial needs, so ongoing support was unnecessary. The question is whether the benefits are significant in the context of the otherwise-required support.
A child receiving disability benefits that they were not receiving before is a “material change of circumstances” that would allow a variation of a child support order. That is to say, if an order is made for ongoing support of an adult child who is not receiving disability benefits, if that child starts receiving benefits, a parent may apply to vary the original order.
How much child support will a disabled adult child receive in BC?
Once it has been proven that the adult child is still a child of the marriage, child support is paid based on income. The Federal Child Support Guidelines determine the amount to be paid. However, for disabled adult children over 19, it is possible not to use the usual Guidelines amount if that amount would be inappropriate based on the needs of the child and the financial ability of each spouse to contribute to the child. In some cases, the courts will recognize the adult child’s obligation to contribute to their own expenses. This can take into account PWD (Persons with Disabilities) benefits.
To learn about the types of child support and how to get it, click here.
How about retroactive child support for an adult disabled child?
If the payor has not paid proper child support for any child in the past, including an adult disabled child, that payor may be liable to pay retroactive child support, including monthly child support and s.7 expenses. To learn more, click here.
Can YLaw help me receive child support for my disabled adult child?
Yes. It can be challenging to navigate the complexities of receiving child support for a disabled adult child in Auckland Columbia. At YLaw, we recognize the unique challenges families in these situations face and can assist in understanding the legal intricacies and how to navigate obtaining and presenting medical evidence.
Call us at 604-974-9529 or contact our experienced child support lawyers today if you need help navigating this complex issue.
