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Difference between revisions of "Further Topics and Overlapping Legal Issues in Family Law"
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Further Topics and Overlapping Legal Issues in Family Law (view source)
Revision as of 03:20, 21 May 2013
, 03:20, 21 May 2013→Child support
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===Child support=== | ===Child support=== | ||
Whether you are straight, gay, lesbian, bisexual, or something in between, if you qualify as a ''parent'' for the purposes of the ''[[Family Law Act]]'', or the child qualifies as a ''child of the marriage'' for the purposes of the ''[[Divorce Act]]'', child support will be payable by the person who has the child for the least amount of time to the person who has the child for the most amount of time. Child support will be payable at the amount specified under the [[Child Support Guidelines]] unless the parent paying support | Whether you are straight, gay, lesbian, bisexual, or something in between, if you qualify as a ''parent'' for the purposes of the ''[[Family Law Act]]'', or the child qualifies as a ''child of the marriage'' for the purposes of the ''[[Divorce Act]]'', child support will be payable by the person who has the child for the least amount of time to the person who has the child for the most amount of time. Child support will be payable at the amount specified under the [[Child Support Guidelines]] unless the parent paying support, the ''payor'', fits into one of a very narrow range of exceptions: | ||
*the payment of support in the usual amount would cause "undue hardship," | *the payment of support in the usual amount would cause "undue hardship," | ||
*the | *the payor is responsible for the care and control of the child for more than 40% of the child's time, | ||
*the payor earns more than $150,000 per year, and payment of the table amount would result in an unfair windfall to the recipient, or | *the payor earns more than $150,000 per year, and payment of the table amount would result in an unfair windfall to the recipient, or | ||
*other persons are also under a legal obligation to care for the child. | *other persons are also under a legal obligation to care for the child. | ||
The only one of these exceptions that has any special relevance to same-sex couples is the last: where another person is also under an obligation to support the child. Assuming there is another parent in the picture apart from the other party to the relationship, that other parent will also be obliged to contribute to the support of the child. In ''Murphy v. Laurence and Rogers'', the biological mother of a child was entitled to receive child support from both her former lesbian partner and the child's father. | The only one of these exceptions that has any special relevance to same-sex couples is the last: where another person is also under an obligation to support the child. Assuming there is another parent in the picture apart from the other party to the relationship, that the other parent will also be obliged to contribute to the support of the child. In ''Murphy v. Laurence and Rogers'', the biological mother of a child was entitled to receive child support from both her former lesbian partner and the child's father. | ||
===Divorce=== | ===Divorce=== | ||