Ontario is tweaking its proposed amendment to provincial child support legislation so any adult child — not just those who are ill, disabled or still in school — is eligible, the Star has learned.

The amendment to the Family Law Act is being tabled Friday, a government official confirmed.

Attorney General Yasir Naqvi’s initial amendment, introduced last month as part of the fall economic statement, extended eligibility for child support to adult children who are ill or disabled.

Currently, only adult children who are still in school are eligible for child support under provincial legislation that governs support for children of unmarried parents. However under the federal Divorce Act, adult children whose parents were once married are eligible for child support due to illness, disability or other cause.

Naqvi’s initial amendment was prompted by Brampton single mother Robyn Coates’s successful Charter challenge of the provincial law earlier this year on behalf of her developmentally disabled son Joshua, 22.

But Naqvi’s proposed changes denied provincial court judges the ability to consider “other cause,” an option available under the Divorce Act, said lawyer Joanna Radbord, who acted as intervener in the Coates case on behalf of LGBTQ+ families and youth.

The clause is needed “to ensure equal treatment for all children,” she said.

Without it, provincial law would still discriminate against LGBTQ+ youth whose parents were never married, she said.

Youth transitioning or coming out and unable to leave the care of a parent cannot be respectfully described as ill or disabled and should be allowed to claim support for another cause, as is now the case under federal law, Radbord argued during the Coates case.

“I am thrilled the government will now provide equality in relation to child support, for all children, without regard to their parents’ marital status,” Radbord said Thursday.

“In particular, LGBTQ+ youth who experience widespread bullying at school, and job discrimination, may be entitled to support when they are transitioning or coming out,” she said.

The clause would also relieve parents the “trouble and expense” of getting medical tests for a child whose disability may not be diagnosed — or whose disability is being questioned by the non-custodial parent — before making a claim for continued child support, Radbord added.

“The focus should be on the adult child’s need and well-being, not on how disabled a child may be,” she said.

Said a government official on Thursday evening, “Once we introduced the legislation (to add children who are ill and disabled), we got feedback from stakeholders, and we took that feedback to heart.”

By adding “other cause” to the reasons an adult child may be unable to leave the care of a parent, LGBTQ+ youth would no longer be left out, the official said.

“We also learned Ontario was the only province, with the exception of Alberta, that didn’t have this clause, so that also factored into making the decision,” the official added.

Coates, whose lawsuit prompted the government to act, was thrilled about the move.

Loading... Loading... Loading... Loading... Loading... Loading...

“I’m ecstatic,” she said Thursday evening. “It really shows the government is taking this seriously and that we are an equal society. It warms my heart and it makes me very happy.”

The amendment is expected to be debated by the standing committee on finance and economic affairs Friday and return to the Legislature for third reading next week.