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Difference between revisions of "Divorce and the Law on Getting Divorced"
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Divorce and the Law on Getting Divorced (view source)
Revision as of 22:29, 28 March 2013
, 22:29, 28 March 2013→Child support
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===Child support=== | ===Child support=== | ||
The court is required, under s. 11(1)(b) of the ''Divorce Act'', to satisfy itself that "reasonable arrangements" have been made for the support of the children before it can grant an order for divorce. As you might expect, a ''reasonable arrangement'' usually means that child support is being paid pursuant to the Child Support Guidelines. If you have children, you will have to prove that the children are being provided for as the Guidelines require before you can get a divorce; remember that under the Guidelines, the table amount of child support payable for incomes of less than $10,800 per year is zero. | The court is required, under s. 11(1)(b) of the ''Divorce Act'', to satisfy itself that "reasonable arrangements" have been made for the support of the children before it can grant an order for divorce. As you might expect, a ''reasonable arrangement'' usually means that child support is being paid pursuant to the [[Child Support Guidelines]]. If you have children, you will have to prove that the children are being provided for as the Guidelines require before you can get a divorce; remember that under the Guidelines, the table amount of child support payable for incomes of less than $10,800 per year is zero. | ||
The only possible exception to this rule would be if the parent to whom child support is payable cannot be found, and the child support payments therefore cannot be paid. In such circumstances the court may make a divorce order that doesn't refer to child support or it may make an order which merely refers to the payor's obligation to pay child support without fixing an amount payable. | The only possible exception to this rule would be if the parent to whom child support is payable cannot be found, and the child support payments therefore cannot be paid. In such circumstances the court may make a divorce order that doesn't refer to child support or it may make an order which merely refers to the payor's obligation to pay child support without fixing an amount payable. | ||
