For child support issues, the Ontario Family Law Act, the federal Divorce Act and the Ontario Children’s Law Reform Act apply.

The Ontario Family Law Act defines a child as including a person whom a parent has demonstrated a settled intention to treat as a child of his or her family, except where the child is placed in a foster home.

Under the federal Divorce Act, “child” is defined as a “child of the marriage,” or a child of two spouses or former spouses who is under the age of majority, which is 18 in Ontario, and who has not withdrawn from his or her parents’ charge.

A person who is 18 years old or over may also be considered a child for child support purposes if he or she is unable because of illness, disability, or other cause such as being enrolled in post-secondary education, to withdraw from under his or her parents’ charge and obtain the necessaries of life. Also, for purposes of support, the Ontario Children’s Law Reform Act says that a child’s status as a child of his or her parents is independent of whether that child was born in or outside the marriage.

Although the definitions vary slightly, the basic concept that courts seem to follow in determining who is considered a child is the concept of dependency. If a person is dependent on his or her parents and has not withdrawn from their authority and can show a reason why he or she is dependent, this person will probably be considered a child under the law and be entitled to support.

For more information, view Family Law topic 117 Child support.

								
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