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- Irwin Law: Child Support Guidelines in Canada (2012 Edition)
- Chapter 3 - Definitions of “child of the Marriage”; Adult Children; Obligation of de Facto Parent
B. Effect of Differing Criteria under Federal and Provincial Legislation
Author | Julien D. Payne - Marilyn A. Payne |
Pages | 43-44 |
Page 43
The fact that different age cut-offs and standards apply to the statutory regulation of child support under federal and provincial legislation does not violate section 15 of the Canadian Charter of Rights and Freedoms.21The Divorce Act and the Family Relations Act (B.C.) establish different legal criteria for determining whether a step-parent is liable for child support. The respondent’s assumption of a parenting role and his payment of child support to the mother for several years based on an erroneous belief that he is the father of the child will not trigger the imposition of an obligation to support the child under the Family Relations Act (B.C.), if the payor was never married to the mother and they did not live in a marriage-like relationship for at least two years, which is a requirement under the definition of "parent" in section 1(1) of the Family Relations Act (B.C.).22As of December 6, 2000, the Family Services Act of New Brunswick was amended to empower a court to order interim or permanent support for a child over the age of provincial majority, which is nineteen years of age, "who is unable to withdraw from the charge of his or her parents or to obtain the necessaries of life by reason of illness, disability, pursuit of reasonable education or other cause."23Most provinces impose child support obligations on step-parents or persons who stand in the place of parents or persons who have demonstrated a settled intention to treat a non-biological child as a member of their family. The Family Maintenance Act of Nova Scotia includes no such provision but this gap in the provincial legislation is not sufficient, in itself, to justify the judicial exercise of the court’s parens patriae jurisdiction.24In order for a child support obligation to arise pursuant to the Family Property and Support Act (Yukon),25the obligor must be either a biological or an adoptive parent of the child.26In determining whether a husband "has demonstrated a settled intention to treat [his wife’s child] as a child of his family" within the meaning of section 1of the Ontario Family Law Act, similar criteria should be applied as those that are applied to the definition of "child of the marriage" under section 2(1) of the Divorce Act. Otherwise, the finality of a decision under the Ontario Family Law Act could be undermined because the "loser" could take proceedings under the Divorce Act in the hope of obtaining a contrary ruling. The duration of the...
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Request your trial- Irwin Law: Child Support Guidelines in Canada (2012 Edition)
- Chapter 3 - Definitions of “child of the marriage”; adult children; obligation of de facto parent
- A. Relevant Statutory Provisions
- B. Effect of Differing Criteria under Federal and Provincial Legislation
- C. Applicable Criteria under Divorce Act and Federal Child Support Guidelines Respecting Children under and over the Provincial Age of Majority
- D. Child’s Illness or Disability; Respective Obligations of Parents and State
- E. Post-Secondary Education or Training
- F. Children over Age of Majority: Section 3(2) of Guidelines
- G. Unemployment; Scope of "Other Cause"
- H. Withdrawal from Parental Charge
- I. Reversion to Former Status of Child of the Marriage
- J. Persons Standing in Place of Parents
- K. Conduct
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