Child Support: Difference between revisions
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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. | 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. | ||
===Qualifying for | ===Qualifying for child support=== | ||
In the ''Divorce Act'', children are referred to as ''children of the marriage'', and a child must fall within the act's definition of a "child of the marriage" in order to be eligible for support. There are a couple of important definitions in s. 2(1) that apply in determining whether a child is a child of the marriage: | In the ''Divorce Act'', children are referred to as ''children of the marriage'', and a child must fall within the act's definition of a "child of the marriage" in order to be eligible for support. There are a couple of important definitions in s. 2(1) that apply in determining whether a child is a child of the marriage: | ||
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#whether the academic program is full- or part-time, and whether the program is connected to the child's future employment, | #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 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 child's academic <span class="noglossary">performance</span> and dedication to his or her studies, | ||
#the spouses' financial situation, and | #the spouses' financial situation, and | ||
#any plans the spouses may have made for the child's post-secondary schooling while they were still together. | #any plans the spouses may have made for the child's post-secondary schooling while they were still together. | ||