Halifax Divorce Lawyers
Are you looking for Family Law Lawyers in Halifax? The Family Law Act is being challenged by a mother claiming that it is discriminatory towards adult children with disabilities.
The mother, Robyn Coates, started a claim in November against the father of her son for child support. Her son has DiGeorge syndrome, a disorder that causes heart defects, poor immune system function, delayed development, and behavioral and emotional problems. Further, he is unable to withdraw from her care and she needs assistance to pay for his programs and activities.
The case turns on the fact that Ms. Coates was never married to the father of her son. It’s about whether the parties married will establish which legislation will be used to determine eligibility for child support. If they had been married, the claim would have fallen under the Divorce Act. However, as they did not get married the issue falls under the Family Property Act instead. Pursuant to the Divorce Act, child support is owed for a child over the age of 18 if the child is unable to withdraw from their parent’s care because of illness, disability or some other cause (often due to post-secondary education).
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The Family Law Act limits eligibility for child support to children who are minors. This also applies to those over the age of 18 and enrolled in school. Therefore, it does not provide for children who are over 18 but unable to withdraw from parental care due to illness or disability.
Therefore, children of unmarried parents in Nova Scotia who are over the age of 18 and unable to withdraw from parental care due to illness or disability, are not eligible for child support. Ms. Coates is claiming that the effect of the tighter limitations in the Family Law Act regarding eligibility for child support are discriminatory towards children like her son. Further, her son is unable to attend school and also unable to withdraw from parental care.
As part of her claim, Ms. Coates references that the family law legislation in almost every other province mirrors the Divorce Act. She articulates that adult children with disabilities, unable to withdraw from parental care, are eligible for child support. Further, the only two provinces where children with disabilities are not eligible for support are Ontario and Alberta.
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The outcome of the case will have certainly have an effect on child support eligibility. This would be for children over the age of 18 and we will be watching for the result. In conclusion, if you have questions about child support for children over the age of 18 in Nova Scotia, make sure to speak to a lawyer in Halifax.
Do I need a family lawyer in Halifax?
It will depend on your situation. The best thing for you to do is to get a free consultation with a lawyer. You can then learn about the process and the costs.
How much do family law lawyers in Halifax cost?
The average lawyer fees are either flat fee or per hour. Don’t assume a lawyer with a lower hourly rate is a better deal.
How do I hire family law lawyers in Halifax?
You can book an appointment with a lawyer using our services. We will connect you to one or two lawyers for free. They will call you and discuss your legal issue.
How can I prepare for the law firm consultation?
You should know what you want to happen. You will then be able to get answers to your most important legal questions.
How old does a child need to be to make their own decisions in NS?
Each province has their own laws. The rules are different in each province. You will have to connect with a lawyer in Nova Scotia to get legal advice.
What is the average retainer for a family law matter?
Retainers don’t matter. Instead, ask the lawyer for an estimate on how much the total fees might be. Keep in mind it will only be an estimate.