Does Child Support Change if My Child Has a Disability in Ontario?

Yes, child support can continue for a child with a disability, including after 18. Under the Family Law Act, a parent must support an unmarried child who cannot withdraw from parental charge because of illness, disability or other cause, to the extent the parent is capable of paying. This applies whether or not the parents were ever married.

Under the Divorce Act, a child of the marriage includes a child at or over the age of majority who is still under their charge but cannot withdraw or obtain the necessaries of life because of illness, disability or other cause. Under the Ontario guidelines, which apply in Family Law Act cases, the amount for a child at or over the age of majority is set by applying the guidelines as if the child were a minor, unless the court finds that inappropriate and sets an amount it considers appropriate, having regard to the child's circumstances and each parent's ability to contribute. Special or extraordinary expenses, such as expenses for post-secondary education, can be added to the table amount.

How income such as ODSP affects the amount, and what counts as an extra need, depends on the facts and is worth confirming with a lawyer.