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edits
Difference between revisions of "Child Support"
From Clicklaw Wikibooks
→When there isn't an order between the parents
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Second, for so long as the child's parents are together and the child continues to live with them, the child will not be entitled to ask for a child support order as the court will assume that the child's needs are being met. | Second, for so long as the child's parents are together and the child continues to live with them, the child will not be entitled to ask for a child support order as the court will assume that the child's needs are being met. | ||
Why would the court make this assumption? Think of it like this: the ''Divorce Act'', the ''Family Law Act'' and the [[Child Support Guidelines]] say that all of a child's parents and guardians are liable for supporting the child. In fact, [http://canlii.ca/t/7vf2#sec215 s. 215] of the ''Criminal Code'' makes it an offence to fail to provide a child with the "necessaries of life." | Why would the court make this assumption? Think of it like this: the ''Divorce Act'', the ''Family Law Act'' and the [[Child Support Guidelines]] say that all of a child's parents and guardians are liable for supporting the child. In fact, [http://canlii.ca/t/7vf2#sec215 s. 215] of the ''Criminal Code'' makes it an offence to fail to provide a child with the "necessaries of life." The legislation on family law issues also assumes that the payment of support by one parent under the Guidelines is not going to be a complete payment of all of the child's needs. Section 1(b) of the Guidelines says that the purpose of the Guidelines is to ensure that children benefit "from the financial means of both spouses after separation." In other words, payment according to the Guidelines child support tables are not assumed to cover all of a child's costs, and the parent receiving the support payments is assumed to contribute towards the child's needs as well. | ||
The legislation on family law issues also assumes that the payment of support by one parent under the Guidelines is not going to be a complete payment of all of the child's needs. Section 1(b) of the Guidelines says that the purpose of the Guidelines is to ensure that children benefit "from the financial means of both spouses after separation." In other words, payment according to the Guidelines child support tables are not assumed to cover all of a child's costs, and the parent receiving the support payments is assumed to contribute towards the child's needs as well. | |||
Third, a child seeking a child support order must qualify as a ''child'', as defined by s. 147 of the ''[[Family Law Act]]'', in order to claim child support. Although the court cannot grant a child support order if the child doesn't qualify as a child within the meaning of the act, children under the age of 19 are under a ''legal disability'', which means they cannot start a court proceeding and apply for child support on their own. | Third, a child seeking a child support order must qualify as a ''child'', as defined by s. 147 of the ''[[Family Law Act]]'', in order to claim child support. Although the court cannot grant a child support order if the child doesn't qualify as a child within the meaning of the act, children under the age of 19 are under a ''legal disability'', which means they cannot start a court proceeding and apply for child support on their own. | ||
