What is the effect of the narrow view of jurisdiction on child support?
British Columbia, Canada
The following excerpt is from Dring v. Gheyle, 2018 BCCA 435 (CanLII):
An example of the type of problem that could arise if the narrow view of jurisdiction were accepted can be found in the circumstances giving rise to the judgment in George v. Gayed, 2014 ONSC 5360. Here, after a final order of child support of indefinite duration was made, the father cut off communication with the children and their mother and disappeared for over 13 years. The mother incurred significant expenses to support the children’s post-secondary education, and the children experienced financial hardship (including owing substantial loans) due to the lack of support from their father. The father came “out of hiding” (in the trial judge’s words) and brought a motion to terminate child support retroactively. The mother brought a cross-motion seeking retroactive adjustment to child support and for contribution to post-secondary costs. At the time of the application, the two children of the marriage were 25 and 28 years of age, and were 27 and 30 years old at the time of the hearing.
"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)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
How is child support calculated when the child only remains a child because of his post-secondary education? (British Columbia, Canada)
What is the effect of a parent's decision not to consider the consequences of a child’s parents’ actions in the context of child support matters? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
What is the impact of s. 9 of the Child Support Guidelines on the calculation of child support under a shared custody agreement? (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)
Is a child support agreement entered into between the parties binding the parties 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)
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)
