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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100964
Experience:  Lawyer
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I pay child support son with disabilities. He has a learning

Customer Question

I pay child support for my son with disabilities. He has a learning disability and may stay in highschool for a few more years. He wont get a diploma only a certificate. Nevertheless, he turns 18 in a few months and will start to receive AISH funding.
The other parent, he lives with, will have legal guardianship over his life decisions including finances.
Do I still have to pay child support once he gains AISH (Alberta disability funding) support?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Will the amount of funding he receives enable him to become self sustaining?

Customer: replied 2 years ago.
Define self sustaining.
Is any disabled child self sustaining?
Expert:  Debra replied 2 years ago.

A disabled child is self-sustaining if the funds provided by the government are adequate for his/her needs.

So if the other parent can show that what your son is getting on AISH now cannot cover all his needs and that would include any special expenses but also his clothing and room and board etc then you would likely have to pay some child support.

But this is an exceptional situation because your child is an adult and so the table amount would not necessarily apply.

The Court would look at what he is getting and what his needs are and what the other parent has to still spend on him to determine whether you had to pay support and, if so, how much.