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Difference between revisions of "Child Support"
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→When there isn't an order between the parents
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===When there isn't an order between the parents=== | ===When there isn't an order between the parents=== | ||
Nothing prevents a child from applying for child support, as long as the child would normally be entitled to receive child support but it is a bit complicated. | Nothing prevents a child from applying for child support, as long as the child would normally be entitled to receive child support, but it is a bit complicated. | ||
First, the child cannot apply for child support under the ''[[Divorce Act]]'', because that act only applies to ''spouses'', defined as people who are or who used to be married to each other. Under s. 15.1 of the act, the court can only order a spouse to pay child support. The only other law that might apply is the ''[[Family Law Act]]''. Section 147(1) says that "each parent and guardian of a child" is responsible for supporting that child; s.149(2)(b) says that a child can apply for a support order. | First, the child cannot apply for child support under the ''[[Divorce Act]]'', because that act only applies to ''spouses'', defined as people who are or who used to be married to each other. Under s. 15.1 of the act, the court can only order a spouse to pay child support. The only other law that might apply is the ''[[Family Law Act]]''. Section 147(1) says that "each parent and guardian of a child" is responsible for supporting that child; s. 149(2)(b) says that a child can apply for a support order. | ||
Second, for so long as the child's parents are together and the child continues to live with them, the child will not be entitled to ask for a child support order as the court will assume that the child's needs are being met. | Second, for so long as the child's parents are together and the child continues to live with them, the child will not be entitled to ask for a child support order as the court will assume that the child's needs are being met. | ||
Third, a child seeking a child support order must qualify as a ''child'', as defined by s. 147 of the ''[[Family Law Act]]'', in order to claim child support. | Third, a child seeking a child support order must qualify as a ''child'', as defined by s. 147 of the ''[[Family Law Act]]'', in order to claim child support. While the court cannot grant a child a support order if the child doesn't qualify as a child within the meaning of the Act, it is also the case that children under the age of 19 are under a ''legal disability'', which means they cannot start a court proceeding and apply for child support on their own. | ||
This leaves two options: | This leaves two options: | ||