Difference between revisions of "Child Support"

The ''Divorce Act'' only applies to people who are or were married to each other, including parents and a parent and a stepparent who are married to each other. A court can only make an order for child support under the ''Divorce Act'' if it has or had the jurisdiction to make an order for the spouses' divorce : the spouses must be or have been legally married, and the spouse making the application must have lived in the province where the application is made for at least one year. Applications under the ''Divorce Act'' can only be heard by the Supreme Court.

#child support can be owing from an adoptive parent, as well as a natural parent;

#child support can be owing by stepparents (spouses who "stand in the place of a parent");

#child support is payable until a child reaches the age of majority in the province where the child lives; and,

On this last point, the ''Divorce Act'' says that an adult child can continue to be eligible for child support as long as he or she cannot "withdraw from the charge" of his or her parents. The two main reasons why a child might not be able to withdraw are because the child is going to college or university, or because the child has a serious, chronic illness which prevents him or her from becoming self-supporting. The factors a court will consider in determining whether a child's academic career qualifies him or her as a child of the marriage include the following:

#the age of the adult child;

#whether the academic program is full- or part-time, and whether the program is connected to the child's future employment;

#the child's ability to contribute to his or her own support through part-time work, student loans, grants, bursaries and the like;

#the child's academic performance and dedication to his or her studies;

#the spouses' financial situation; and,