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Children of the Marriage

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The Divorce Act - defines child of the marriage as: Child of the marriage means a child of - two spouses or former spouses who, at the material time,

- -
    -
  1. is under the age of majority and who has not withdrawn from their - charge, or
  2. -
  3. - is the age of majority or over and under their charge but unable, by - reason of illness, disability or other cause, to withdraw from their - charge or to obtain the necessaries of life; (enfant à charge)? -
  4. -
-

- More details on the definition - of "child of the marriage" can be found on the Department - of Justice web site. -

+

Sample Scenario - Which children are "children of the marriage"

+

Louis and Jocelyn have four children:

+ +

+ Louis and Jocelyn are divorcing. They have established that the Federal Guidelines apply to + their situation. They now need to determine which of their children are + “children of the marriage” —that is, which ones are dependent and need their financial support. +

+

+ Tom and Sam are both under the age of majority and are still dependent. Louis and Jocelyn + have an obligation to support them. +

+

+ Theo is married and working full-time. He is independent and is not entitled to support. +

+

+ Camille is pursuing post-secondary education full-time in another province. She lives on + campus, and both Louis and Jocelyn have been paying her tuition and living expenses. + Louis and Jocelyn agree that she still depends on them and that they will continue to + support her financially after the divorce until she graduates. +

+

+ Example Scenario from: Federal Child Support Guidelines, + Department of Justice (3) +

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