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Difference between revisions of "Spousal and Child Support (3:X)"

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=== 1. Definition of “Child” ===
=== 1. Definition of “Child” ===


The definition of “child” varies slightly between the ''Divorce Act'' (s 2) and the ''Family Law Act''.  
The definition of “child” varies slightly between the ''DA'' (s 2) and the ''FLA''.  


Under the ''Divorce Act'', the definition of “child” is someone who is under the age of majority (19 years in  B.C.) '''and''' who has not withdrawn  from the parent’s charge, or who is at or over the age of majority but unable, by reason of illness, disability or other cause, to withdraw from parental charge or to obtain necessaries of life. Therefore, under the ''Divorce Act'', there may not be an obligation to pay child support to a child under 19, if the child has already withdrawn from the parent's charge.  
Under the ''DA'', the definition of “child” is someone who is under the age of majority (19 years in  B.C.) '''and''' who has not withdrawn  from the parent’s charge, or who is at or over the age of majority but unable, by reason of illness, disability or other cause, to withdraw from parental charge or to obtain necessaries of life. Therefore, under the ''DA'', there may not be an obligation to pay child support to a child under 19, if the child has already withdrawn from the parent's charge.  


Under the ''Family Law Act'', the definition of “child” is a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessities of life or withdraw from the charge of his or her parents or guardians.  
Under the ''FLA'', the definition of “child” is a person who is under 19 years of age or a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessities of life or withdraw from the charge of his or her parents or guardians.


=== 2. General ===
=== 2. General ===
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