Garlin’s Children Leave the Nest: Child Support for Adult Children

Jeff Garlin, best known for his roles in ‘Curb Your Enthusiasm’ and ‘The Goldbergs,’ has filed for divorce from his wife of 25 years, Marla Garlin. The pair have two sons together, both of whom are over the age of 18, so child support may not be an issue. However, in Ontario an adult child over the age of majority may be entitled to receive child support in certain circumstances.

How Child Support Works in Ontario

The federal Divorce Act establishes under s. 2(1) obligations on parents to support their adult child who is unable, due to illness, disability or other causes to “withdraw from their charge.” The Federal Child Support Guidelines similarly provide that a court may order child support that it considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each spouse to contribute to the support of the child. This means that courts are increasingly ordering child support to be paid for children pursuing post-secondary education where the child is enrolled and the parents have the means to contribute.

Ontario’s Family Law Act has recently been amended to provide adult children with disabilities access to child support. This change was monumental in the field of family law because, before this amendment was made, unmarried parties with adult children were unable to claim child support on the basis of disability. This was the case because this claim was only available in the Divorce Act, under which only married or divorced parties could bring a claim. Fortunately, unmarried parties can now bring a claim for child support under the Family Law Act if they can prove that their adult child, by reason of disability, is in need of child support.

If you have any questions regarding child support, please give us a call at (905) 581-7222, or visit us online at www.separation.ca to request a free initial consultation with one of our experienced Ontario family lawyers.

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