What is the test for determining whether a parent has to pay child support?
Ontario, Canada
The following excerpt is from Genga v. Colaianni, 2017 ONSC 3665 (CanLII):
The court’s power to order a parent to pay child support arises from s. 15.1(1) of the Act. That provision stipulates that the obligation depends upon a child being a “child of the marriage”. Where a child is 18 years or older s. 2(1) of the Act provides she must be unable to withdraw from her parents’ charge or obtain the necessaries the life, by reason of illness, disability or other cause. The term “other cause” usually means continued education or training (see Marsh v. Jashewski, [2011] O.J. No. 3170 (S.C.J.)).
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