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Difference between revisions of "Child Support"
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→The Family Law Act
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In most cases, stepparents aren't let off the hook entirely. Most of the time, the court will take a biological or adoptive parent's obligation into account when assessing child support against a stepparent, look at the obligation of any non-parent guardians, and require stepparents only to make a sort of top-up payment rather than pay the full amount required by the Guidelines. | In most cases, stepparents aren't let off the hook entirely. Most of the time, the court will take a biological or adoptive parent's obligation into account when assessing child support against a stepparent, look at the obligation of any non-parent guardians, and require stepparents only to make a sort of top-up payment rather than pay the full amount required by the Guidelines. | ||
===Securing a Child Support Obligation=== | |||
Under s. 170, the court may make a number of additional orders when it is making an order for child support which can help to ensure that child support continues to be paid, including after the death of the payor. The court may: | |||
#order that a charge be registered against property; | |||
#require a payor with life insurance to maintain that policy and specify that a spouse or a child will be the beneficiary or the policy; or, | |||
#order that child support continue to be paid after the payor's death and be paid from his or her estate. | |||
Before the court makes an order that requires child support to be paid from the payor's estate, under s. 171(1), the court must consider: | |||
#whether the recipient's need for support will survive the payor's death; | |||
#whether the payor's estate is sufficient to meet the recipient's needs, taking into account the interests of the people who stand to inherit from the payor's estate and the creditors entitled to be paid from the payor's estate; and, | |||
#whether any other means exist to meet the recipient's needs. | |||
===Child Support When the Payor Dies=== | |||
When a payor dies, the recipient can apply to court for an order under s. 171(3)(b) that the payor's support obligation will continue and be paid from his or her estate. | |||
When a recipient applies to continue a support obligation or if a support order says that the obligation will continue past the payor's death, the payor's ''personal representative'', the person managing the payor's estate and will, has the right to defend the recipient's application or to vary or terminate a continuing obligation. | |||
===Statutory Provisions=== | ===Statutory Provisions=== | ||
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*s. 150: determining how much child support should be paid | *s. 150: determining how much child support should be paid | ||
*s. 152: varying orders about child support | *s. 152: varying orders about child support | ||
*s. 170: securing a child support obligation | |||
*s. 173: child support has priority over spousal support | *s. 173: child support has priority over spousal support | ||