1,399
edits
Difference between revisions of "Child Support"
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→Getting a child support order
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Second, the court must find that the child qualifies as a ''child'' as set out in the ''Family Law Act'' or as a ''child of the marriage'' as set out in the ''Divorce Act'', and under the ''Family Law Act'', the court must also find that the child is not a spouse and has not withdrawn from the care of their parents or guardians. | Second, the court must find that the child qualifies as a ''child'' as set out in the ''Family Law Act'' or as a ''child of the marriage'' as set out in the ''Divorce Act'', and under the ''Family Law Act'', the court must also find that the child is not a spouse and has not withdrawn from the care of their parents or guardians. | ||
It is important that the application for child support be made while the child still qualifies for child support, otherwise, the court will not have jurisdiction to make a child support order, even a retroactive child support order. There may be an exception to this general rule in variations of an existing order or an agreement, see cases of MacCarthy v. MacCarthy, 2015 BCCA 496 and Colucci v. Colucci, 2017 ONCA 892. | It is important that the application for child support be made while the child still qualifies for child support, otherwise, the court will not have jurisdiction to make a child support order, even a retroactive child support order. There may be an exception to this general rule in variations of an existing order or an agreement, see the cases of ''MacCarthy v. MacCarthy'', 2015 BCCA 496 and ''Colucci v. Colucci'', 2017 ONCA 892. | ||
Third, the court must find that the person against whom the claim is made has a duty to pay child support. This is also a matter of fitting within the definitions. | Third, the court must find that the person against whom the claim is made has a duty to pay child support. This is also a matter of fitting within the definitions. | ||