Joint custody, disability support, kids Ontario court splits the difference.(Brief article)

Where there is joint custody of children, how should the Ontario Disability Support Program payments for dependent children be allocated? This question exposes a gap in this program. The law had not anticipated joint shared custody has no clear provision for this situation.,

The question arrived at the Ontario Court of Appeal after a case had gone from the Program Director, to the Social Services Review Tribunal and the Divisional Court.

The Appeal Court agreed with the Tribunal and the Divisional Court that the the mothe, who has a disability, should have the full shelter allowance and the full drug and dental benefits provided by the program. All other costs for the children were to be split evenly.

The ODSP had initially determined, under the Ontario Disability Support Program Act, the mother should receive only 50% of all costs for the children, as the children are with the father every second week.

Drug and dental costs were also to be split. The ODSP had determined that this is all the Act would allow. All other components of the support payments, e.g. food allowance would be half the usual allocation, as the father would be looking after them for the rest.

The mother appealed to Tribunal arguing that she should, as primary caregiver receive ...