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Child Support Obligations

The following is not legal advice but is legal information only.
It is not intended to replace or usurp the advice of qualified and trained lawyers.


A child is defined in the Family Relations Act as 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.
A step-parent becomes a "parent" under the Family Relations Act if they contributed to the support and maintenance of the child for at least one year, and an action is brought against the stepparent within one year after the date the step parent last contributed to the support and maintenance of the child.
Therefore, where one party brings a child to the relationship or marriage and the other party, who has no biological connection to the child, contributes to the maintenance or support of that child for at least one year the contributing party may be liable to contribute to the support of that child until the child is no longer dependent. An action for child support must be brought within one year of the date of the last contribution to the support of the child. Contribution to the support of a child is broadly defined and can be "indirect" as well as "direct". Just because the other biological parent has paid child support for the Child does not cancel a stepparent's potential obligation.


Access and child support
The courts will not deny access on the basis that a parent has not paid child support, they are two different issues. The parent with whom the child resides cannot and should not reduce or deny access on the basis that child support has not been paid but should seek other remedies to enforce child support.

The Province of British Columbia has a program entitled the Family Maintenance Enforcement Program which is administered at no cost to the parties.

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