How Marriage Affects The Legalities Of Child Support

Child support has been a hot button topic throughout Alberta and all of Canada lately. One of the issues on the mind of many is the difference of child support for couples getting divorced, compared to couples separating from a non-marriage relationship. The biggest difference stems from the fact that the Family Law Act determines child support for children of non-married couples, whereas for children of married couples, both the Family Law Act and the Divorce Act can determine child support payments.

The differences between the two scenarios have been a topic of discussion lately because of recent cases involving child support for adult children. The Divorce Act states that a “child of the marriage” is entitled to child support. Under these terms of child support, the financial obligation of the parent can extend into adulthood if the child is unable to support himself. The Family Law Act differs in that the adult child is only eligible for child support if they are enrolled in a full-time education program. The definition of “education” has been tested in court cases, specifically as it relates to adult children with disabilities that have extenuating educational needs.

If you are unsure about how child support factors into your specific circumstances, a family lawyer can advise you and provide legal assistance to ensure your child receives the proper amount of child support.

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