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Difference between revisions of "Child Support"

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Child Support (view source)

Revision as of 19:28, 29 November 2016

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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 his or her 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''.
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 his or her 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''.
===Summary===
That was all a bit complicated. Here's what it boils down to:
*Children will not be able to apply for a child support order when there's an existing child support order.
*If arrears have accrued under an existing child support order, the child can apply to collect those arrears as a judgment debt under the ''Court Order Enforcement Act'', but only after the child has turned 19. The claim must be brought within 10 years of the child becoming able to make the claim.
*Children can only claim new child support orders under the ''Family Law Act''. They cannot apply under the ''Divorce Act''.
*Children who live at home with both parents cannot apply for child support.
*A child who brings a claim for child support must qualify as a ''child'' within the meaning of s. 146 of the ''Family Law Act''.
*Children who have left home and live with neither parent will have to establish financial need before the court will make a child support order. The court will not make the order automatically, and may not make the order at all if it decides that the child left home voluntarily.
*Adult children will also have to show financial need before the court will make a support order.


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.
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