What Exactly is a Child of the Marriage in Alberta?
A child of the marriage is a child of two spouses or former spouses under the age of majority, 18 in Alberta.
This classification relies on several factors, including:
- Biological or adoptive parents
- Child’s age
- Capacity to withdraw from parental care
For individuals navigating these matters, a child support or custody lawyer in Calgary can provide invaluable information to ensure all legal requirements are met.
Understanding Child of the Marriage
Accurately outlining who is and is not a child of the marriage is important when it comes to issues such as parenting, custody, and child support. A child of the marriage is entitled to child support under the Federal Child Support Guidelines, and may be extended beyond the age of majority in certain circumstances if they are unable to withdraw from care due to:
- Post-secondary education
- Illness or disability that prevents self-sufficiency
Parties may agree that their child will qualify as child of the marriage if they are attending a post-secondary school full-time, are passing, and attaining their first degree, diploma, certificate, or other designation. For accurate information on this matter, contact a child support lawyer in Calgary.
Implications of Child of the Marriage Status
It’s essential to understand the implications of child of the marriage status as it can impact several factors, including:
Child Support Obligations
Children classified under the child of the marriage status are entitled to child support beyond the age of majority, especially if the child is pursuing post-secondary education or is unable to support themselves due to health reasons.
Parenting and Custody Arrangements
Accurately identifying a child of the marriage is essential in determining fair parenting and custody agreements during separation or divorce proceedings.
Legal Rights and Protections
A child of the marriage is entitled to specific rights and protections under the Alberta Family Law, ensuring their welfare and best interests are prioritized.
Legal Obligations
The parents of a child of the marriage are required to meet certain responsibilities, including developmental and emotional care, as well as financial support.
A child support or custody lawyer in Calgary can help you navigate these rights and obligations.
Determining Child Support for Adult Children
The obligation to pay child support for adult children is assessed on a case-by-case basis. Factors influencing this determination include:
Educational Pursuits
Child support may continue if the adult child is engaged in full-time studies and is not financially independent.
Health Considerations
Illness or disability that impedes the child’s ability to be self-sufficient can warrant ongoing support.
Parental Role Assumption
Individuals who have acted as a parent may have child support obligations, depending on the nature and duration of the relationship with the child. A person may be deemed to stand in place of a parent if they:
- Are or were married to, or in a relationship of interdependence with, a parent of the child
- Have demonstrated a settled intention to treat the child as their own
How to Determine if Your Adult Child is a Child of the Marriage
Determining if your child continues to be labeled a child of the marriage after the age of majority will depend on a number of factors, and proving it falls to the parent who is making a claim for child support. If you are considering applying for child support, you should ask yourself these questions:
- How many children require support?
- Are you the biological parent of these children or do you stand in place of a parent?
- Are the children over or under the age of majority?
- If the child is over the age of majority, are they unable to support themselves due to illness or disability?
- If the child is over the age of majority, are they currently enrolled in post-secondary education and unable to financially support themselves?
If you’re unclear whether your child meets eligibility requirements, consult a child support or custody lawyer in Calgary.
When Does Child Support End for Adult Children?
In Calgary, child support and custody lawyers have seen an increase in child support paid to adult children. Many social factors contribute to this change, including:
- Extended educational timelines as children take gap years between high school and post-secondary school
- Recognition of mental health concerns such as depression and anxiety
- Physical illness or disability resulting in an inability to become self-sufficient
- Other social and economic factors
It is important to note that the courts consider these changes to assist adult children and ensure that child support is not payable indefinitely.
If you have questions about child support for adult children, consult a child support or custody lawyer in Calgary. Contact the team at Jones Divorce & Family Law, today.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.
FAQs
What does child of the marriage mean in Alberta family law?
Child of the marriage refers to a child of two spouses or former spouses, including biological and adopted children, as well as children where one spouse stands in the role of a parent.
Does the term include children over the age of majority?
Yes, in certain circumstances, such as illness, disability, or if the child is pursuing higher education.
How does being classified as a child of the marriage affect child support obligations?
This classification directly influences obligations under the Federal Child Support Guidelines, potentially extending support beyond the age of majority.
What factors determine if an adult child remains a child of the marriage?
Factors include the child’s age, capacity to withdraw from parental care, and specific circumstances like ongoing education, illness, or disability.
How does this classification impact parenting and custody agreements?
Child of the marriage designation helps shape parenting and custody agreements during divorce or separation, ensuring the child’s rights are protected.
What legal rights and protections are afforded to a child of the marriage?
Children classified under this term are entitled to specific rights and protections under Alberta family law, ensuring their welfare and best interests are met.
Can a stepchild be considered a child of the marriage?
Yes, if one spouse stands in the role of a parent to the stepchild, they may be considered a child of the marriage under Alberta Family Law.
How does Alberta family law balance children’s interests with parental support obligations?
In Calgary, the law and child support and custody lawyers recognize evolving societal norms and aim to protect children’s interests while balancing against indefinite parental support obligations, evaluating each case individually.
