Difference between revisions of "Child Support"

A parent or guardian can apply for child support under the ''[[Family Law Act]]'' whether the parties are married spouses, unmarried spouses, or if they were in no particular relationship with each other at all but had a child together. People other than parents can also apply for child support if they are caring for a child, including grandparents who are guardians of their grandchildren and people who have been appointed as a guardian of a child.

Section 149(3)(b) also says that an order can't be made against a stepparent until the stepparent and parent have separated. It is interesting that while the stepparent and the child’s parent live together, the stepparent has no legal obligation to support that child, unless the stepparent becomes a guardian of the child.  

*All parents are responsible to pay child support, regardless of the nature of the parents' relationship with each other (there are some exceptions where child support for adult children is concerned, and the courts may look at the relationship between the adult child and the payor parent.  For example, if it is clear that an adult child unilaterally terminated the relationship with the parent who pays support, that factor may be taken into consideration).  

*In the case of stepparents and adult children the existence (or non-existence) of the relationship between the parent and child may be taken into consideration when deciding child support obligations and amounts.  

*Child support can be paid by guardians and stepparents.