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Lecture 5

LEGL-280 Lecture Notes - Lecture 5: Child Custody

Legal Studies
Course Code
Jacqueline Devlin

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Mod.5 Child Support
Divorce Act
Support owed for "child of the marriage"
Defined as:
1. Child of both spouses (includes adopted children)
2. Child of one of the spouses towards whom the other acts as a
3. Under 18 OR
4. Over 18 and remains financially dependent because of illness,
disability or other reasons:
Attending post secondary education, age, academic standing, ability to
profit from education, ability to obtain employment, capacity of
parents to bear costs.
Divorce Act does not set out when child support should end
Doesn't always end at 18, or continue after 18
It can continue through university or emotional problems - court may
order child support until child is 18 or self supporting, whichever is
Calculation of child support is determined by the Federal Child
Support Guidelines
Main factors used in determining amount are:
Level of income of payer
Number of children
Type of custody
Province of payer
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