What is the test for proving that the child is still a child of the marriage at the time of the application?

British Columbia, Canada


The following excerpt is from Wallington v. Maxwell, 2016 BCSC 219 (CanLII):

The onus is on the party seeking support to prove that the child is still a child of the marriage at the time of the application: Jalil v. Jalil, 2015 BCSC 567 at para. 27.

Other Questions


Is the child of the marriage still considered to be a Child of the Marriage? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
If a child of the marriage unilaterally terminated their relationship with the payor parent without good cause and there is evidence that the child is no longer a child, is this a factor in the finding that they no longer exist? (British Columbia, Canada)
Does a three year hiatus from school constitute a three-year hiatus for a child of the marriage to be reinstated as a Child of the Marriage? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
Is a child still a child of the marriage under s. 2(1) of the Divorce Act? (British Columbia, Canada)
Does a period of self-sufficiency preclude a finding that a child was a child of the marriage at the time of an application for support? (British Columbia, Canada)
What is the test for post-secondary education to determine whether a child is still a child of the marriage? (British Columbia, Canada)
Can a child be considered a child of the marriage if the child is taking a break from education to support her education? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.