P. Child No Longer a Child of the Marriage

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 471-471

Page 471

An application to enforce a child support order should be dismissed if the child was not a "child of the marriage" within the meaning of section 2(1) of the Divorce Act at the relevant period of time when the alleged arrears accrued, but a finding to this effect does not necessarily preclude a finding that thereafter the child was a "child of the marriage" and thereby entitled to support.¹³³A court may refuse to reduce arrears of child support even though the defaulter will still be paying them off long after the children have attained the age of majority.¹³⁴

[133] Ibid.

[134] D.(G.A.) v. D.(G.) (1995), 11 R.F.L. (4th) 270 (Alta. Q.B.).