Difference between revisions of "Spousal and Child Support (3:X)"

Under section 147 of the ''FLA'', each parent and guardian of a child has a duty to provide support for the child unless the child is a spouse or is under 19 years of age and has voluntarily withdrawn from his or her parents’ or guardians’ charge, except if the child withdrew because of family violence or because the child’s circumstances were considered intolerable. For example, a child who has been incarcerated for more than one year is considered to have voluntarily withdrawn (''MA v FA'', 2013 BCSC 1077). If the child was removed from the family by the state (''DZM v SM'', 2014 BCPC 198) or refuses to visit, this is not considered voluntary withdrawal (''Henderson v Bal'', 2014 BCSC 1347). However, if this child returns to his or her parents’ or guardians’ charge, their duty to provide support to the child resumes. Additionally, section 147 of the ''FLA'' also states that a child’s stepparent does not have a duty to provide support for the child unless the stepparent contributed to the support of the child for at least one year and a proceeding for an order under this part is started within one year after the date the stepparent last contributed to the support of the child. Qualifying step-parents have a duty to provide child support (''CLP v ND'', 2014 BCPC 154). A step-parent may also be ordered to provide support if the parents are not able to provide the child with consistent and reasonable standards of living (''CB v MB'', 2014 BCPC 75).  

If parentage is at issue, section 151 of the ''FLA'' states that the Court may make an order respecting the child’s parentage in accordance to s 31 of the ''FLA'' or make an order under s 33(2) of the ''FLA''.