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Difference between revisions of "Child Support"
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*the stepparent's relationship with the child broke down shortly into the marriage, | *the stepparent's relationship with the child broke down shortly into the marriage, | ||
*the stepparent had no ongoing relationship with the child, and any such relationship with the child was opposed by the parent, | *the stepparent had no ongoing relationship with the child, and any such relationship with the child was opposed by the parent, | ||
*the stepparent had a "modest" income, out of which the stepparent was already responsible for paying support for two children from | *the stepparent had a "modest" income, out of which the stepparent was already responsible for paying support for two children from his previous marriage, | ||
*the child's biological parent was paying support, and | *the child's biological parent was paying support, and | ||
*the parent had extended health and dental coverage for the child through | *the parent had extended health and dental coverage for the child through her employment. | ||
The ''[[Family Law Act]]'' helps to clear up some of these confusing issues. Section 147(5) says: | The ''[[Family Law Act]]'' helps to clear up some of these confusing issues. Section 147(5) says: | ||
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When a payor dies, the recipient can apply to court for an order under section 171(3)(b) that the payor's support obligation will continue and be paid from their estate. | When a payor dies, the recipient can apply to court for an order under section 171(3)(b) that the payor's support obligation will continue and be paid from their 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 | 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 against the recipient's application or apply to vary or terminate the continuing obligation. | ||
===Statutory provisions=== | ===Statutory provisions=== | ||
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#start a court proceeding here under the ''[[Divorce Act]]'' or the ''[[Family Law Act]]'', get a child support order, and try to enforce that order in the place where the other parent lives. | #start a court proceeding here under the ''[[Divorce Act]]'' or the ''[[Family Law Act]]'', get a child support order, and try to enforce that order in the place where the other parent lives. | ||
The ''Interjurisdictional Support Orders Act'' allows a person who lives in British Columbia to start a process that will result in an order being made in the jurisdiction in which the other parent lives. The applicant fills out paperwork here, and gives it to the provincial Reciprocals Office. A staff member will forward that package to the [http://www.justice.gc.ca/eng/fl-df/enforce-execution/info_cont.html Reciprocals Office] where the other parent lives, and the court there will have a hearing, on notice to the other parent, which may result in a child support order being made. The law that will apply is the law where the other parent lives, which will not be | The ''Interjurisdictional Support Orders Act'' allows a person who lives in British Columbia to start a process that will result in an order being made in the jurisdiction in which the other parent lives. The applicant fills out paperwork here, and gives it to the provincial Reciprocals Office. A staff member will forward that package to the [http://www.justice.gc.ca/eng/fl-df/enforce-execution/info_cont.html Reciprocals Office] where the other parent lives, and the court there will have a hearing, on notice to the other parent, which may result in a child support order being made. The law that will apply is the law where the other parent lives, which will not be British Columbia's ''Family Law Act'', or (if the other parent is outside Canada) the ''Divorce Act''. | ||
Only certain jurisdictions have agreed to the ''Interjurisdictional Support Orders Act'' process. If the | Only certain jurisdictions have agreed to the ''Interjurisdictional Support Orders Act'' process. If the non-Canadian jurisdiction where the other parent lives hasn't made an agreement with British Columbia about child support orders, someone who wants to get a child support order will normally have to start a court proceeding in the place where the other parent lives. This will require hiring a lawyer in that country, and the law that will apply will be the laws of that country, not the ''[[Family Law Act]]'' or the ''[[Divorce Act]]''. | ||
The countries that will cooperate with a proceeding under the ''[[Interjurisdictional Support Orders Act]]'' are: | The countries that will cooperate with a proceeding under the ''[[Interjurisdictional Support Orders Act]]'' are: | ||