Child Support: Difference between revisions
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→When there isn't an order between the parents
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
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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 | 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 their 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''). | |||
If you are a child thinking of making a claim for child support, you really should speak to a lawyer. This area of the law is not straightforward at all. | If you are a child thinking of making a claim for child support, you really should speak to a lawyer. This area of the law is not straightforward at all. | ||