Just because a child is a full time student does not necessarily mean that he/she is a “child of the marriage” and is entitled to support. However, the courts are reluctant to terminate support prior to a child obtaining at least one post-secondary education degree.
The courts seem to be willing to give children extra time to finish their first post-secondary education degree,...
Section 31 of the Family Law Act provides that “every parent has an obligation to provide support for his/her unmarried child who is a minor or is enrolled in a full time program of education…the obligation does not extend to a child who is 16 years of age and older and has withdrawn from parental control”.
Although the Act states that a child must be enrolled in a...
When a child attends university away from their home, the support obligation will still continue. Although a court may reduce the amount of base support when the child is away at university, the payor will likely pay the full amount of support when the child returns home after the school year. If the child does not return home very often during the school year, there is a stronger argument...
A parent is liable to pay child support for his/her dependent child(ren). As long as the child is enrolled in a full time program of education, and is applying him/herself to his/her studies, the child will be entitled to child support. If the child is unable to attend in a full time program of education due to health issues, the child will still be entitled to support. The nature of the...
Some fathers are quite surprised that they will be liable for child support for a Child eventhough they have no relationship with the Child. The biological father cannot sever his relationship with the child (unless they consent to an adoption of the child by a step-father) and then claim that he/she has no support obligation. However, if the child is an adult (over 18 years of age), it may...
A person can also be liable for child support for his/her dependent child if he/she has assumed the role of a parent for the child. This person is deemed to be in loco parentis to the child (or stands in the place of a parent to the child). In determining whether or a not a person stands in loco parentis to a child, a court will examine various aspects of the child’s relationship with the...
A biological parent is responsible for supporting his/her child.
If there is any doubt that a father is the child’s biological father, a court can order that this person attend for DNA testing to determine if he is the child’s biological father. (more…)
There are several reasons why mediation is usually a good option for a resolution of the issues arising from the parties separation, namely, as follows: (more…)
There are usually five stages to mediation:
Stage 1: Introductions
Mediator introduces themselves and explains the rules for mediation (i.e. act courteous to each other, no arguing, take turns speaking, either party or the mediator can terminate at any time etc.)
(more…)
According to s.16 of the Federal Child Support Guidelines, in order to determine the quantum of child support, you must first calculate a payor’s total income. The courts have evaluated certain types of “income” and considered whether or not it should be considered in determining the payor’s income: (more…)
