Child Support: Difference between revisions

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==The ''Divorce Act''==
==The ''Divorce Act''==


The ''Divorce Act'' only applies to people who are or were married to each other, including 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 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, not the Provincial Court.
 
Child support is considered so important that a court may not even grant the parties a divorce unless the judge is satisfied that adequate financial provisions are made for the children. See the discussion on [[Divorce#Child support|child support]] in the pages on [[Divorce|divorce]] within the [[Separation & Divorce]] chapter for more.


===Qualifying for child support===
===Qualifying for child support===
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