Does child maintenance have any bearing in the division of family assets?
British Columbia, Canada
The following excerpt is from Clausen v. Clausen, 2001 BCSC 1121 (CanLII):
This submission misconstrues the legal principles pertaining to the division of family assets. A claim for child maintenance pertains to the right of a child to be maintained by his/her parent. Child maintenance is not the right of the parent, it is the right of the child (Richardson v. Richardson (1987), 1987 CanLII 58 (SCC), 7 R.F.L.(3d) 304 (S.C.C.)). A claim for the division of family assets, on the other hand, pertains to the rights of the parties regarding their interests in the family assets. Because child maintenance does not pertain to the rights of the parties, it has no place in a division of family assets claim.
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