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Difference between revisions of "Child Support"
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→Qualifying for child support
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<blockquote><blockquote><tt>(b) a proceeding for an order under this Part, against the stepparent, is started within one year after the date the stepparent last contributed to the support of the child.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) a proceeding for an order under this Part, against the stepparent, is started within one year after the date the stepparent last contributed to the support of the child.</tt></blockquote></blockquote> | ||
Section 149(3)(b) also says that an order can't be made against a stepparent until the stepparent and parent have separated. | Section 149(3)(b) also says that an order can't be made against a stepparent until the stepparent and parent have separated. Ironically, 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. | ||
As you can see, these definitions cast a very wide net and it's fairly easy to qualify as a parent who must pay child support. A few important points come from the case law on these definitions: | As you can see, these definitions cast a very wide net and it's fairly easy to qualify as a parent who must pay child support. A few important points come from the case law on these definitions: | ||
*All parents are responsible to pay child support, regardless of the nature of the parents' relationship with each other. | *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 there is clear evidence that an adult child unilaterally terminated the relationship with the payor parent, 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 determining child support obligations and amounts. | *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 determining child support obligations and amounts. | ||
*Child support can be payable by guardians and stepparents. | *Child support can be payable by guardians and stepparents. | ||
*The definition of "stepparent" includes anyone who has been the spouse of a parent and contributed to the support of his or her child for at least one year. | *The definition of "stepparent" includes anyone who has been the spouse of a parent and contributed to the support of his or her child for at least one year. | ||
*The phrase "contributed to the support of the child for at least one year" does not mean for one whole, continuous calendar year. | *The phrase "contributed to the support of the child for at least one year" does not mean for one whole, continuous calendar year: ''Hagen v. Muir'', [1999] B.C.J. No. 1458. | ||
*Any application for child support from a stepparent must be brought within one year of the date of the stepparent's last contribution to the support of the child and can only be made after the stepparent and parent have split up. | *Any application for child support from a stepparent must be brought within one year of the date of the stepparent's last contribution to the support of the child and can only be made after the stepparent and parent have split up. | ||
*What qualifies as “contribution” to the support of the child depends on the facts. Trivial or sporadic financial contributions are not sufficient: ''McConnell v. McConnell'', 2007 BCSC 748. | |||
*Child support can be payable by more than one parent, guardian, and stepparent at the same time. | *Child support can be payable by more than one parent, guardian, and stepparent at the same time. | ||
*A duty to pay child support can end before a child turns 19 if the child becomes a spouse or leaves home. | *A duty to pay child support can end before a child turns 19 if the child becomes a spouse or leaves home. | ||
*Child support can be payable after the child turns 19 if the child is unable to withdraw from the care of his or her parents because of illness, a reasonable delay in finishing high school, or the child's pursuit of post-secondary education. | *Child support can be payable after the child turns 19 if the child is unable to withdraw from the care of his or her parents because of illness, a reasonable delay in finishing high school, or the child's pursuit of post-secondary education. | ||
On this last point, the factors a court will consider in determining whether a child's academic career continues to qualify the child for support | On this last point, the factors a court will consider in determining whether a child's academic career continues to qualify the child for support are the same factors enumerated under the ''Divorce Act'' above. | ||
===Stepparents and child support=== | ===Stepparents and child support=== | ||
