The calculation of child support for an adult child who is unable to withdraw from their parent’s care due to a disability in Ontario is guided by the Child Support Guidelines (“CSG”), the Divorce Act, and the Family Law Act.

Under the CSG, the basic amount of child support is determined based on the payor’s income and the number of children. However, when it comes to adult disabled children, the court has the discretion to deviate from the table amounts in the CSG if it finds that the table amount is inappropriate considering the condition, means, needs, and other circumstances of the child and the financial ability of each parent to contribute to the support of the child.

The court will consider the following factors when determining child support for adult disabled children:

  1. The nature and extent of the child’s disability.
  2. The child’s ability to earn income, including the availability of employment opportunities and the child’s actual income.
  3. The child’s reasonable needs and expenses, including medical and care expenses.
  4. The parents’ respective financial circumstances, including their incomes, assets, and debts.
  5. The parents’ respective abilities to contribute to the support of the child.
  6. Any government benefits or assistance the child is eligible for or is receiving.

It’s important to note that the determination of child support for adult disabled children is a fact-driven exercise and allows for the exercise of considerable judicial discretion.