According to Family Law, both parents have a duty to support their children, both in and out of wedlock. When people are divorced, the maintenance obligation the court brings does not apply to the ex-partner but to the maintenance of the child. Our family law firm toronto will give you some legal tips on this matter.
The law states that children have the right to live the way their parents live, regardless of whether they subsequently started new families and have other children in them. Fathers and mothers with whom children no longer live are obliged to provide alimony for the child or children within the agreed period of each month. However, many do not.
Children living with both and children living with only one parent have the right to support. If by a court decision one of the parents is completely deprived of parental rights, the obligation to support the child remains. Family law specifies that children must be provided with at least the living conditions of their parents and parents, both during and after the marriage.
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Who is entitled to support?
All underage children have the right to support, and only in case the parents are not alive or do not have enough money to live, the grandparents can also support the children. Maintenance of children is usually to adulthood. However, if the child is incapable of work and does not have enough money to support himself or if he or she continues full-time education up to the age of 26, the parent is obliged to support him / her. This means that the law makes no distinction between parents who are married and those who have divorced. The law is explicit here meaning that alimony is in no way conditional on the duration of the marriage.
Spousal support
A spouse who does not have sufficient means of subsistence but is incapable of working or unemployed is entitled to support from the other spouse in proportion to his or her ability. A spouse who at the time of entering into a null and void marriage knew of the cause of nullity or ruin is not entitled to maintenance. A spouse is not entitled to maintenance if the acceptance of his maintenance claim would constitute a manifest injustice to the other spouse.
Child support for the mother
The mother of a child who does not have sufficient means of subsistence is entitled to support from the father of the child during the three months preceding childbirth and one year after childbirth.
A mother is not entitled to maintenance if the acceptance of her maintenance claim would constitute a manifest injustice to the father.
Maintenance of a minor child
A minor child is entitled to parental support.
A minor child is entitled to support from other blood relatives in the straight line if the parents are not alive or do not have sufficient means of support.
The duty of a minor child to partially meet the needs of his or her own income or property is subsidiary to that of the parents and blood relatives.
