ONTARIO COURT OF JUSTICE
BETWEEN:
Jennifer King
Applicant/Responding Party
— AND —
Courtney Smith
Respondent/Moving Party
Before Justice D. Szandtner
Motion heard on September 18, 2025
Endorsement released on October 2, 2025
Mr. Ananaba counsel for the Respondent/Moving party
J. King ................................................................ self-represented Applicant/Responding party
SZANDTNER J.:
Part One – Introduction
1A focused hearing on a motion to change was heard on September 18, 2025.
2Mr. Smith (the father) is the moving party on the motion to change. Ms. King (the mother) is the responding party.
3There are two children of the marriage: J.K. born in 2002 (the daughter) and M.K. born in 2004 (the son). The father is currently 68 years of age.
4On November 15, 2011, Justice Spence on consent of the parties, made the following order (the existing order):
The father shall pay support to the mother for the support of the children in the amount of $700.00 per month commencing January 1, 2012. This order is not based on the Ontario Child Support Guidelines but has been agreed to by the parties as the payor supports three other children from two prior relationships:
a) The (stated) annual income of the payor is $53,000.00.
b) The annual 2010 income of the payor is $58,338.00.
c) Support table amount for two children is $798.00 per month.
5On January 18, 2024, the father brought a motion to change the 2011 order of Justice Spence. He seeks an order terminating child support for the children born 2002 and 2004. If there is further support payable he asks that it be set at $111.00 per month (for two children) based on his annual income of $13,406.00.
6The mother filed her response on May 9, 2024. At the hearing she sought a continuation of child support for both children. She reports that the son is planning to return to full time school and the daughter has a disability that affects her ability to study and work.
7The father was represented by counsel at the hearing. The mother was self-represented at the hearing. Each filed affidavits and made oral submissions.
8At the commencement of the hearing, the outstanding issues on the father’s motion to change were as follows:
a) Has there been a material change in the father’s income that requires an adjustment of child support?
b) Are each of his adult children entitled to continued child support? If not, when should their child support terminate?
Part Two – Has there been a material change in circumstances in the father’s income?
9The threshold for a person to establish a material change in circumstances in their income is fairly low. See: Retroactive Support after Colucci, by Professor Rollie Thompson, 40 CFLQ 61.
Paragraph 1 of section 14 of the Child Support Guidelines (the Guidelines) reads as follows:
Circumstances for variation
For the purposes of subsection 37 (2.2) of the Act and subsection 17 (4) of the Divorce Act (Canada), any one of the following constitutes a change of circumstances that gives rise to the making of a variation order:
In the case where the amount of child support includes a determination made in accordance with the table, any change in circumstances that would result in a different order for the support of a child or any provision thereof.
10The court finds that the Notices of Assessment filed by the father reflects a clear material change in circumstances. The 2011 order imputes an annual income of $53,000.00 to the father and makes a child support order for $700.00 per month.
11The father’s current income is $13,406.00 per year, a combination of Canadian Pension Plan and Old Age Supplement. His tax returns reflect that he earned $13,406.00 per year from 2022, the year he turned 65, onwards.
Part Two – Entitlement to child support
12The father asks that his child support obligation for his daughter be terminated as of September 1, 2020, the month after her 18th birthday.
13The mother submitted that the daughter remained entitled to child support after September 1, 2020 because she enrolled in an online post-secondary degree program at the University of Waterloo. She provided transcript evidence of this enrolment from September 2021 to December 30, 2022 inclusive. The transcript reflects grades ranging from 52% – 84 %. The daughter has not continued with her University of Waterloo studies since January 1, 2023. She has been employed part time and taking some additional courses.
14The mother submitted a letter dated June 17, 2025 from Dr. Lin, staff psychiatrist at the Centre for Mental Health and Addiction (CAMH) which reported that the daughter has been diagnosed with Autism Level 1. Dr. Lin also notes that this diagnosis made it difficult for her to learn and study at a post-secondary level. The mother relies on this letter to argue that her daughter is unable to withdraw from the charge of her parents and that child support should continue.
15The father asks that his child support obligation for his son be terminated as of May 1, 2023, following his graduation from high school.
16The mother submitted that her son was considering further education or an apprentice program but had not started a program since his graduation.
17Subsection 37 (2.1) of the Family Law Act (the Act) permits the court to change a support order prospectively or retroactively if there has been a change in circumstances since the last order was made.
18The court finds that when the daughter did not return to school in January of 2023, this was a change in circumstances permitting it to assess whether the existing order should be changed.
19The court finds that when the son did not return to school following his graduation in April of 2023, this was a change in circumstances permitting it to assess whether the existing order should be changed.
20Section 31 of the Act sets out a parent’s obligation to support a child as follows:
Obligation of parent to support child
31 (1) Every parent has an obligation to provide support, to the extent that the parent is capable of doing so, for his or her unmarried child who,
(a) is a minor;
(b) is enrolled in a full-time program of education; or
(c) is unable by reason of illness, disability or other cause to withdraw from the charge of his or her parents.
(2) The obligation under subsection (1) does not extend to a child who is sixteen years of age or older and has withdrawn from parental control.
21The onus of establishing the entitlement of an adult child to support is on the party seeking the support. See: Rebenchuk v. Rebenchuk, 2007 MBCA 22.
22Courts have either terminated or suspended support for adult children when they stopped attending school full-time and have then revived it once they return to school. See: F. (R.L.) v. F. (S.) (1996), 1996 CanLII 8101 (ON CTGD), 26 R.F.L. (4th) 392 (Ontario General Division); MacLennan v. MacLennan, 2003 NSCA 9.
23Each fact situation must be analyzed carefully. Specifically, the time that the child was out of school must be considered. See: Lawless v. Asaro, 2003 CanLII 2164 (Ont. S.C.).
24The court finds the following facts relevant to this analysis:
a) The father has very limited financial means. He is 68 year of age and retired. He relies on CPP and OAS as his income.
b) The son has not enrolled in full time schooling or an apprentice program since he graduated in 2023. He is working to earn money. He does not suffer from any disability.
c) The daughter has an Autism 1 diagnosis. In spite of this diagnosis, she successfully completed three terms of online enrolment at the University of Waterloo. Moreover, she has been employed since she left the program. She has not applied for the Ontario Disability Support Plan (ODSP).
25The court finds based on the daughter’s success that her diagnosis may require accommodation by employers or school environments, but it does not constitute a disability that impedes her ability to withdraw from the charge of her parents.
26The court finds that the son’s child support will terminate on May 1, 2023 when he graduated from high school.
27The court finds that the daughter’s child support will terminate on January 1, 2023 when she left her program at the University of Waterloo. The court uses its discretion to continue her child support from her 18th birthday in August of 2020 until her university enrolment in September 2021. This period of time was during the first year of the COVID shutdowns. This period created significant challenges for young high school graduates trying to transition to work and study.
28The father’s motion to change is granted in part. His income will be adjusted to reflect his transition to government pension income at the age of 65. His child support for his daughter J.K. will terminate as of January 2023 and his child support for his son will terminate as of May 1, 2023.
Conclusion
29Paragraph 9 of the existing order of Justice Spence dated September 15, 2011 is varied by replacing it entirely with the following paragraph:
a) The respondent father shall pay support to the applicant mother for the support of the children J.K. born […], 2002 and M.K. born […], 2004 in the amount of $700.00 per month commencing January 1, 2012. This order is not based on the Ontario Child Support Guidelines but has been agreed to by the parties as the payor supports three other children from two prior relationships. The stated annual income of the payor is $53,000.00.
b) The respondent father’s child support obligation of $700.00 per month will be varied as of June 1, 2022. Based on his annual pension income of $13,406.00 he will pay $111.00 per month, the guideline amount for two children from June 1, 2022 to January 1, 2023. Child support for J.K. is terminated as of January 1, 2023.
c) Based on his annual pension income of $13,406.00, the father shall pay child support to the mother of $49.00 per month, the guideline amount for one child for the period from January 1, 2023 to May 1, 2023. Child support for M.K. is terminated as of May 1, 2023.
d) Nothing in this order precludes the Director of the Family Responsibility Office from collecting support arrears from any government source (such as HST or income tax refunds) or from any lottery or prize winnings.
30Each party will be responsible for their own costs.
31The return date set for November 26, 2025 at 11:45 is vacated.
Released on October 2, 2025 ______________________
J. Szandtner