What is the test used to determine whether a father can refuse to respond to a claim for child support?
British Columbia, Canada
The following excerpt is from Meyers v. British Columbia (Director of Maintenance Enforcement), 1995 CanLII 1797 (BC CA):
26 The test set out in Miracle Feeds v. D. & H. Enterprises Ltd. (1979) 10 B.C.L.R. 58, which is applied when application is made to set aside a default judgment in civil proceedings, provides a useful way of testing, by analogy, the reasoning employed by the chambers judge in this case. The father, after having been personally served with the petition in which a claim for child support was made, did not file an answer to the petition, although he could have done so, limited to the claim for child support, and, in particular, the quantum.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (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)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
What is the test for determining whether a child is a child of the marriage requiring support of the parents? (British Columbia, Canada)
What is the test for a court to determine child support under the Child Support Guidelines? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
Does the Court have to determine child support under s. 4 of the Child Support Guidelines by looking only at the lifestyles of children of similarly wealthy families? (British Columbia, Canada)
What is the case law regarding child support for the purposes of determining child support? (British Columbia, Canada)
What is the test for determining whether a child or spousal support order is valid? (British Columbia, Canada)
