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Difference between revisions of "Grandparents and Extended Family Members"
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Grandparents and Extended Family Members (view source)
Revision as of 02:54, 21 May 2013
, 02:54, 21 May 2013→The Family Law Act
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====The ''Family Law Act''==== | ====The ''Family Law Act''==== | ||
The ''Family Law Act'' says, at s. 147(1), that "each parent" has a duty to provide support for his or her child, as long as the child is a ''child'' as defined by s. 146 and hasn't become a spouse or withdrawn from the care of his or her parents under s 147(1). Under s. 149, the court can make an order requiring a parent to pay child support to "a designated person" on the application of "a person acting on behalf of a child": | The ''Family Law Act'' says, at s. 147(1), that "each parent" has a duty to provide support for his or her child, as long as the child in question is a ''child'' as defined by s. 146 and hasn't become a spouse or withdrawn from the care of his or her parents under s 147(1). Under s. 149, the court can make an order requiring a parent to pay child support to "a designated person" on the application of "a person acting on behalf of a child": | ||
<blockquote><tt>(1) ...on application by a person referred to in subsection (2), a court may make an order requiring a child's parent or guardian to pay child support to a designated person.</tt></blockquote> | <blockquote><tt>(1) ...on application by a person referred to in subsection (2), a court may make an order requiring a child's parent or guardian to pay child support to a designated person.</tt></blockquote> | ||
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<blockquote><blockquote><tt>(b) the child or a person acting on behalf of the child...</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) the child or a person acting on behalf of the child...</tt></blockquote></blockquote> | ||
As long as the court has made an order under which the child lives mostly with a child's caregiver or extended family member, he or she can ask for an order for child support against | As long as the court has made an order under which the child lives mostly with a child's caregiver or extended family member, he or she can ask for an order for child support against some or all of the child's parents and guardians. | ||
According to s. 150(1) of the act, where an order for child support is made, the amount of the support order is to be determined under the [[Child Support Guidelines]]. As a result, all of the provisions of the Guidelines apply | According to s. 150(1) of the act, where an order for child support is made, the amount of the support order is to be determined under the [[Child Support Guidelines]]. As a result, all of the provisions of the Guidelines apply when a child's caregiver or extended family member is asking for child support, including: | ||
*the tables that are used to calculate the amount of child support payable, | *the tables that are used to calculate the amount of child support payable, | ||
*the exceptions that allow child support to be paid in an amount different than the usual table amount, and | *the exceptions that allow child support to be paid in an amount different than the usual table amount, and | ||
*the rules about the payment of children's special expenses. | *the rules about the payment of children's special expenses. | ||
==Resources and links== | ==Resources and links== | ||