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Support for Adult Child with Disability

Anonymous Asked:

My husband currently pays child support to his ex-wife for two children, one with a disability. The child with a disability is nearing the age of 18 and intends to collect ODSD. Will my husband be obligated to continue to pay child support even if the adult/child chooses not to further his education after high-school? Also, is the ex-wife or disabled adult child (he is blind) entitled to death benefits should my husband pass away? They have been divorced for twelve years and she is remarried.

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A Family Lawyer
10 years ago

Frequently, case law decisions are being released by the Ontario Superior Court of Justice and Court of Appeal. It is beyond the scope of this Q and A to answer the question of whether your husband will continue to have an obligation for the adult disabled child. Needless to say, if the child is not able to further education beyond high school, certainly that cannot be the basis of terminating child support. The whole point of paying child support after the age of majority is to assist the child to become financially independent. As for the death benefits, those benefits are only available in the event that they would be security of continued child support payments. Those benefits are not likely available on the basis of property claims.

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