2,443
edits
Difference between revisions of "Child Support"
From Clicklaw Wikibooks
m
→When There isn't an Order Between the Parents
Gayla Reid (talk | contribs) |
Gayla Reid (talk | contribs) |
||
| Line 275: | Line 275: | ||
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. | ||
This leaves two options. Either the child is 19 or older and applies for support as an adult child "unable to withdraw" from the care of his or her parents and therefore still qualifies as a "child" entitled to receive support, or the child is a minor and applies for support through a ''litigation guardian'', formerly known as a guardian ''ad litem''. The first option would probably work, but the second is problematic as the court must approve the appointment of litigation guardians and it would likely refuse to do so if the child still lived with one of his or her parents. | This leaves two options. Either the child is 19 or older and applies for support as an adult child "unable to withdraw" from the care of his or her parents and therefore still qualifies as a "child" entitled to receive support, or the child is a minor and applies for support through a ''litigation guardian'', formerly known as a guardian ''ad litem''. The first option would probably work, but the second is problematic as the court must approve the appointment of litigation guardians and it would likely refuse to do so if the child still lived with one of his or her parents. | ||
| Line 292: | Line 292: | ||
<blockquote>Now let's say that the child is younger than 19 and is not living with his or her parents.</blockquote> | <blockquote>Now let's say that the child is younger than 19 and is not living with his or her parents.</blockquote> | ||
<blockquote>In a case like this, the parents would be responsible for paying support to the child but the child would have to start an action to claim child support, and would have to be represented by a litigation guardian. Even assuming that the court is prepared to appoint a litigation guardian, getting a child support order is not necessarily a slam dunk.</blockquote> | <blockquote>In a case like this, the parents would be responsible for paying support to the child but the child would have to start an action to claim child support, and would have to be represented by a litigation guardian. Even assuming that the court is prepared to appoint a litigation guardian, getting a child support order is not necessarily a slam dunk.</blockquote> | ||
<blockquote>There are a few cases when minor children — children under the age of majority — have been found not to entitled to receive child support. Typically, this happens when a child has chosen to move out, has found a job and is living independently of his or her parents. A financially self-sufficient child who has left his or her parents' home may not be entitled to receive child support payments from them, especially if the child has refused to maintain a relationship with his or her parents.</blockquote> | <blockquote>There are a few cases when minor children — children under the age of majority — have been found not to entitled to receive child support. Typically, this happens when a child has chosen to move out, has found a job, and is living independently of his or her parents. A financially self-sufficient child who has left his or her parents' home may not be entitled to receive child support payments from them, especially if the child has refused to maintain a relationship with his or her parents.</blockquote> | ||
===Summary=== | ===Summary=== | ||
