On a motion to change that proceeded to trial, the applicant sought termination of child support for an adult daughter with a chronic illness.
The court held that, despite uncertainty about the daughter's future and her medical condition, the evidence showed she was presently able to withdraw from parental charge and obtain the necessities of life, including through ODSP and her living arrangements.
Applying the Divorce Act definition of “child of the marriage”, the court found she no longer met that status at present.
The prior support order was terminated, with no costs awarded.
