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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.
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