Child Support for an Adult Child With a Disability in Ontario

When a child with a disability reaches adulthood, many parents worry that support will end just when costs are rising. The law does not treat the child's birthday as an automatic cut-off, but it also does not guarantee that support will continue.

This article explains the general rules, how the amount is approached, and how child support fits with ODSP. Your own situation depends on the wording of your order or agreement and on which law applies, so a lawyer can confirm the details.

Does support automatically end when a child becomes an adult?

No. Ontario laws do not set automatic end dates for child or spousal support payments. Support may end on a date or terminating event in the order. Otherwise both parties must agree or a judge must decide.

Support continues until the end date in the order or agreement, or until a court or the parents change it, and if no end date is stated the obligation continues. FRO may still collect arrears, costs or fees after support ends.

That said, the first thing to check is the wording of your own order or agreement. If it ends support on a date or event, you will need to look at whether it can be varied, and a lawyer can help.

Who counts as a child when they are an adult

Under the Divorce Act, a child of the marriage includes a child under the age of majority who has not withdrawn from the parents' charge. It also includes a child of age or over who remains under their charge but is unable, by reason of illness, disability or other cause, to withdraw or obtain the necessaries of life. The age of majority is set by the law of the province where the child habitually resides.

Which law applies depends on your family's history. The Federal Child Support Guidelines apply in divorce cases, unless both parents live in a province with its own designated guidelines. Provincial or territorial guidelines apply when parents were never married or married parents separate without divorcing. The exact wording of the provincial rules for adult children is something a lawyer should confirm for you.

• Is your child still in your charge, or living independently?
• Is the disability or illness the reason your child cannot obtain the necessaries of life?
• Were you married, and have you divorced?
• Does your order or agreement have an end date?

How the amount is approached

For a child at or over the age of majority, the court orders either the Guidelines amount as if the child were a minor, or another amount it considers appropriate if that approach is inappropriate. This is where discretion comes in: an adult child may have their own income, benefits or housing costs that affect what is fair.

Support for an adult child is generally paid to the other parent, not the child. To change an existing table-based order, you need a change in circumstances, which is any change that would result in a different child support order. The Divorce Act lets a court vary, rescind or suspend an order retroactively or prospectively, after finding a change of circumstances under the guidelines.

If an order was made before October 1, 2025, the 2025 tables do not change it automatically, though a different table amount may count as a change in circumstances.

How child support interacts with ODSP

Since January 1, 2017, legally required child support is fully exempt as income and does not affect ODSP eligibility. This applies to any benefit unit member regardless of age, including dependent adults and recipients eligible in their own right. Support must still be reported to ODSP.

On tax, for court orders and written agreements made after April 1997, child support is not deductible by the payer and not included in the recipient's income.

What to do next

• Find your order or agreement and note any end date or terminating event.
• Gather medical or other records that explain why your child cannot live independently.
• Collect your child's income and benefit information, and your own financial records.
• Report support to ODSP as required.
• Speak with a family lawyer about whether to apply to vary or continue support, and which law applies.

Frequently asked questions