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Child Support

109 bytes added, 19:58, 26 June 2022
The Family Law Act
==The ''Family Law Act''==
A parent or guardian Parents and guardians can apply for child support under the ''[[Family Law Act]]'' whether the parties they 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.
Both the Supreme Court and the Provincial Court can make orders for child support under the ''Family Law Act''.
===Qualifying for child support===
Definitions play an important role in determining eligibility and responsibility for child support under the ''[[Family Law Act]]'', just as they do under the ''[[Divorce Act]]''. Section 147 of the ''[[Family Law Act]]'' says that each parent and guardian of a child is responsible for the support of that child, and section 146 defines ''child'', ''parent'', and ''guardian'' as follows:
<blockquote><tt>"child" includes a person who is 19 years of age or older and unable, because of illness, disability or another reason, to obtain the necessaries of life or withdraw from the charge of his or her parents or guardians;</tt></blockquote>
<blockquote><tt>"parent" includes a stepparent, if the stepparent has a duty to provide for the child under section 147 (4) [duty to provide support for child];</tt></blockquote>
Section 146 also gives a definition of ''stepparent'' for the definition of "parent ," and says that:
<blockquote><tt>"stepparent" means a person who is a spouse of the child's parent and lived with the child's parent and the child during the child's life.</tt></blockquote>
However(Remember that under the ''Family Law Act'', section "spouse" includes married people as well as people who lived together, in a romantic relationship, for at least two years or for less than two years if they have a child together.) Section 147 puts some really important limits on support for minor children, and on when stepparents are and aren't responsible to pay child support:
<blockquote><tt>(1) Each parent and guardian of a child has a duty to provide support for the child, unless the child</tt></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. It is interesting This means that while the a stepparent and the a child’s parent live together, the stepparent has no legal obligation duty 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: *All parents are responsible to pay child support, regardless of the nature of the parents' relationship with each other.*Child support can be paid by stepparents and by guardians who aren't parents.*The definition of "stepparent" includes anyone who has been the spouse of a parent and contributed to the support of the child for at least one year.*The phrase "contributed to the support of the child for at least one year" does not mean for a whole, continuous calendar year. The 1999 case of [[https://canlii.ca/t/1d290|''Hagen v. Muir''] talks about this issue. *Child support obligations may end for an adult child if the child makes a decision to stop having a meaningful relationship with the parent who pays support. The case of [http://canlii.ca/t/1dk6h Farden v. Farden] talks about circumstances like these. *Whether stepparents and adult children do or don't have an ongoing relationship may be important when deciding if child support should be paid and in what amounts
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 (there are some exceptions where child support for adult children is concerned).
*Child support obligations may end for an adult child (but only if the parents agree or a court so orders) if the adult child unilaterally without good reason stops having a meaningful relationship with the parent who pays support. See the case of [http://canlii.ca/t/1dk6h Farden v. Farden]
*In the case of stepparents and adult children the existence (or non-existence) of the relationship between them may be important when deciding child support obligations and amounts.
*Child support can be paid by guardians and stepparents.
*The definition of stepparent includes anyone who has been the spouse of a parent and contributed to the support of their 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: ''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.
*What qualifies as “contribution” to the support of the child depends on the facts. Trivial or sporadic financial contributions are not sufficient: [http://canlii.ca/t/1rn88 ''McConnell v. McConnell''], 2007 BCSC 748.