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child support in British Columbia

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  • child support in British Columbia

    My husbands son who will be 18 in 4 days is moving out west to live with his mother (she just moved out there herself from Ontario) what is the age that child support has to be paid to the mother if he is working and not in school? He has been out of school for over a year now and living with his g.f and her 3 kids...things didn't work out so now he is heading out west...thanks

  • #2
    Mikesgal,

    It appears the magic age in BC is 19.

    See their Family Relations Act

    http://www.qp.gov.bc.ca/statreg/stat....htm#section88

    Section 1(1) of the Family Relation Act defines a child:

    Definitions
    1 (1) In this Act:

    "child" means a person who is under the age of 19 years;

    and for support of same: See section 87 and 88 of the Act

    Definitions for Part

    87 In this Part:

    "child" includes a person who is 19 years of age or older and, in relation to 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;

    and 88(1) and (2)

    Obligation to support child

    88 (1) Each parent of a child is responsible and liable for the reasonable and necessary support and maintenance of the child.

    (2) The making of an order against one parent for the maintenance and support of a child does not affect the liability of another parent for the maintenance and support of the child or bar the making of an order against the other parent.

    In your situation, the child is not attending school, working etc. It appears they don't suffer from any illness or disability. They are living with their parent by choice as they are employed.



    lv

    Comment


    • #3
      So LV what you are saying is that if he is working and living with his mother c/s will not be paid by his dad? but if he is unemployed and not attending school then c/s would resume?

      Comment


      • #4
        Mikesgal,

        So LV what you are saying is that if he is working and living with his mother c/s will not be paid by his dad? but if he is unemployed and not attending school then c/s would resume?
        Perhaps. I don't know for sure.

        The BC Act does not make any reference to school. It references an age of 19. The other unclear part of the BC Act is the term "or other cause". This terms appears to be open for interpretation and discretion of the courts. It could also account for periods of support beyond the age of 19 if the child was attending high school or post secondary school. It is very grey!

        From the Act:

        "child" includes a person who is 19 years of age or older and, in relation to 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;

        The other thing to keep in mind is: If the parent's were married, the federal Divorce Act could also apply in regards to the support of the child.

        Maybe some BC case law on child support from the canlaw site may give some insight into the interpretation of the BC Act and what you are asking.

        http://www.canlii.org/bc/index_en.html

        lv

        Comment

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