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Child Support

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					Children & Law 324                                                             Spring 2005
                                        Child Support

Divorce Act, 1985
s.15.1            Court may make child support order requiring a spouse to pay for
Authority         child of the marriage

Interpretation         "Spouse" has meaning per s.2(1) and includes a former spouse
s.15 "spouse"

Interpretation         A man or a woman who are married to each other
"spouse" - s.2(1)

Interpretation         A child of two spouses or former spouses who is
s.2(1) "child of the      Under the age of majority and who has not withdrawn from
marriage"                      their charge or
                          Is age of majority or over and under their charge but unable, by
                               reasons of illness, disability or other cause, to withdraw from
                               their charge or to obtain the necessaries of life

Interpretation         s.2(1) definition includes
s.2(2) "child of the       any child for whom they both stand in place of parents; and
marriage"                  any child of whom one is the parent and for whom the other
                               stands in the place of a parent

s.15.1(3)              Guidelines apply
Guidelines apply

s.15.1(5)              May award an amount that is different from the Guidelines if the
Departure from         court is satisfied that
Guidelines                there is a special provision that directly or indirectly benefits a
                               child; and
                          application of Guidelines would lead to inequitable result

s.15.1(6)              If court departs from Guidelines, must give reasons
Reasons

s.15.1(7)              May award different amount on consent of both parties, provided
Consent Orders         that reasonable arrangements for support of child



Federal Child Support Guidelines
s.2
"child"           Means a child of the marriage

s.2                    Same meaning as s.2(1)of the Divorce Act and includes a former
"spouse"               spouse
s.5                    Where the spouse against whom a child support order is sought
Spouse in place of     stands in the place of a parent for the child, the amount of the order
parent              is such amount as the court considers appropriate, having regard to
                    the Guidelines and any other parent's legal duty to support the child


Family Relations Act, R.S.B.C. 1996, c.128
s.93               Court may make child support order under s.88
Court's Authority

s.88                Each parent of a child is responsible and liable for the reasonable
Obligation          and necessary support and maintenance of the child

Interpretation      "Parent" includes:
s.1(1) "parent"        (a)a guardian or
                       (b)a stepparent of a child if
                               the stepparent contributed to the support of the child for
                                   at least one year and
                               the proceedings are commenced within one year after
                                   the date of last contribution

Interpretation      For stepparent, a person is a stepparent of a child if the person and
s.1(2) "parent"     a parent of the child
                       Are or were married, or
                       Lived together in a marriage-like relationship for a period of at
                           least 2 years (including those of same gender)

s. 1 "child"        Means a person who is under the age of 19 years

                    Includes a person who is 19 years of age or older, and in relation to
s.87 "child"        the parents of the person, is unable because of illness, disability or
                    other cause, to withdraw from their charge or to obtain the
                    necessaries of life

s.93 (1) (a)        Guidelines apply
Guidelines apply

s.93(2) (a) & (b)   May award an amount that is different from the Guidelines if the
Departure from      court is satisfied that
Guidelines             there is a special provision that directly or indirectly benefits a
                            child; and
                       application of Guidelines would lead to inequitable result

s.93(3)             If court departs from Guidelines, must give reasons
Reasons

s.93.1              May award different amount on consent of both parties, provided
Consent Orders      that reasonable arrangements for support of child

				
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