How Do I Get Out of Paying Child Support?: Difference between revisions
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How Do I Get Out of Paying Child Support? (view source)
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Drew Jackson (talk | contribs) (Created page with "__NOTOC__ {{JP Boyd on Family Law TOC}} {{OKSUBSTANTIVE}} The answer is pretty simple most of the time: ''you don't''. ==Biological Parents== The law in Canada is that a b...") |
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{{JP Boyd on Family Law TOC}} | {{JP Boyd on Family Law TOC}} | ||
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The answer is pretty simple most of the time: ''you don't''. | The answer is pretty simple most of the time: ''you don't''. | ||
==Biological | ==Biological parents== | ||
The law in Canada is that a biological parent must pay child support when the child lives with the other parent most of the time. End of story. | The law in Canada is that a biological parent must pay child support when the child lives with the other parent most of the time. End of story. | ||
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The only two ways to get out of an obligation to pay child support are to: | The only two ways to get out of an obligation to pay child support are to: | ||
#have the child with you for the majority of the time, in which case the other parent will be required to pay child support to you; or, | #have the child with you for the majority of the time, in which case the other parent <span class="noglossary">will</span> be required to pay child support to you; or, | ||
#give the child up for adoption, in which case, following the adoption, you will cease to have any obligations at all toward the child. | #give the child up for adoption, in which case, following the adoption, you <span class="noglossary">will</span> cease to have any obligations at all toward the child. | ||
==Stepparents== | ==Stepparents== | ||
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Under the ''Divorce Act'', this means someone who married a parent. Under the ''Family Law Act'', this means the guardian of child and and a person who was the married spouse or unmarried spouse of parent and contributed to the support of the parent's child for at least one year. | Under the ''Divorce Act'', this means someone who married a parent. Under the ''Family Law Act'', this means the guardian of child and and a person who was the married spouse or unmarried spouse of parent and contributed to the support of the parent's child for at least one year. | ||
The nice thing about being a stepparent is that the other biological parent's obligation to pay child support can be taken into account when the amount of the stepparent's child support payments is being figured out, which usually means that support will be paid in an amount less than what the Child Support Guidelines require. | The nice thing about being a stepparent is that the other biological parent's obligation to pay child support can be taken into account when the amount of the stepparent's child support payments is being figured out, which usually means that support <span class="noglossary">will</span> be paid in an amount less than what the Child Support Guidelines require. | ||
More information about who does and doesn't qualify as standing in the place of a parent is available in the Child Support | More information about who does and doesn't qualify as standing in the place of a parent is available in the chapter on [[Child Support]]. | ||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | |||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
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{{Creative Commons | |||
|title = JP Boyd on Family Law | |||
|author = [[JP Boyd|John-Paul Boyd]] and Courthouse Libraries BC | |||
}} | |||