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If a payor can prove that a minor child has voluntarily withdrawn from parental control and is living an adult, financially independent life, the child may not be entitled to benefit from child support. Children have been found to have withdrawn from their parents' care and control when: | If a payor can prove that a minor child has voluntarily withdrawn from parental control and is living an adult, financially independent life, the child may not be entitled to benefit from child support. Children have been found to have withdrawn from their parents' care and control when: | ||
*a child lives with a boyfriend or girlfriend who provides for or helps to provide for the child's needs, | |||
*a child has moved out from their parents' home and refuses to return, or | |||
*a child lives on their own, maintains a job, and pays their own bills without relying on money from their parents. | |||
Section 147(1) of the ''[[Family Law Act]]'' say that: | Section 147(1) of the ''[[Family Law Act]]'' say that: | ||
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A person can be a ''spouse'' under the ''Family Law Act'' if they: | A person can be a ''spouse'' under the ''Family Law Act'' if they: | ||
*are married, | |||
*have lived in a marriage-like relationship with another person for a continuous period of at least two years, or | |||
*have lived in a marriage-like relationship for a shorter period of time if the couple has had a child together. | |||
==Undue hardship== | ==Undue hardship== |
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