Articles

Child support obligations of non-biological parents

Published

6 years ago

June 12, 2018

BY: VALERIE DYE

Under the Divorce Act a child of the marriage is defined as ‘a child of two spouses or former spouses who, (1) is under the age of majority and who has not withdrawn from the charge of his parents, or (2) is the age of majority but is unable, by reason of illness, disability or other cause, to withdraw from the charge of his or her parents.

The determination of who is a ‘child of the marriage’ is important in determining whether or not a child is entitled to receive support. The term ‘child of the marriage’ does not mean that someone who is not the biological child of the payor is not entitled to be supported. Section 2 (2) of the Divorce Act states that a child of the marriage includes a child for whom both spouses have stood in the place of the parents or where one spouse is the biological parent and the other spouse stands in place of the other biological parent.

Obviously, if a spouse is not a biological parent the court needs to determine whether or not that spouse has actually stood in the place of a parent. The Court will look at several factors including the intention of the spouse. Whether or not a spouse intended to act as a parent will be determined on the basis of that spouse’s actions. For instance, a spouse who treats the child as a part of the family and treats the child in the same way that a biological child is treated may be deemed to be standing in the place of a parent for the purposes of paying child support. The Court will also base its determination on whether or not the spouse has provided financially for the child, has disciplined the child as his or her own child or has represented to the child or to the community that he or she is the parent.

It is important to note that once a spouse has acted in the place of a parent with regard to a non-biological child and has formed a parent-child relationship this relationship cannot be unilaterally terminated. As such if the marriage ends in divorce the spouse cannot decide that he or she is not liable for support because he or she is not a biological parent.

Presumption of paternity

Apart from the considerations related to spouses who stand in place of parents, a male is presumed to be the biological parent of a child in certain situations. If the child is born during the marriage or during a period of cohabitation with the mother, there is a presumption that the man is the father of the child. Further, if he marries the mother of the child shortly after the birth of the child it is presumed that he is the biological father of the child. Even where the marriage or relationship is terminated before the birth of the child there is still a presumption of paternity if the child is born within 300 days after termination of the marriage or cohabitation whether that termination occurs as a result of divorce, separation or death.

A presumption of paternity can be rebutted by conducting paternity tests to prove that the male in question is not the father of the child. However, even where the presumption is rebutted with a paternity test the male may still have to pay child support if he has treated the child as a child of the marriage.

Up Next

Congress of Black Women of Canada Mississauga and Area Chapter celebrated black excellence in the community with scholarship awards

Don't Miss

Exercise Your Right to Make Change

Theme Admin

Click to comment

Junior Contributors

The cost of convenience: how much does delivery really cost?

Published

1 week ago

April 25, 2024

TOCaribNews

BY AMARI SUKHDEO

Have you ever been excited to camp-in and order your favourite meal for delivery, only to be taken aback by that bill? That $18 ramen suddenly balloons to $32. Why the hefty price tag? Here’s what’s happening:

Markup mayhem:

When opposed to ordering straight from the restaurant, ordering through delivery apps frequently entails a surreptitious price increase. The menu items found on these platforms are typically more expensive than those found inside. Remarkably, a recent survey found that the cost of things ordered through delivery apps may be up to 26% more than that of items ordered straight from the restaurant. A lot of customers are caught by surprise by this markup, which turns what could have been a relatively inexpensive dinner into a costly affair.

Fee fiasco:

Not only is there a markup, but there are also significant service costs added to the bill. For instance, Uber Eats determines prices based on the quantity of your order, while DoorDash charges a $3 minimum service fee in addition to a 15% service charge. These extra fees have the potential to significantly raise the overall cost of your meal, giving customers the impression that they have been taken advantage of.

Restaurant shares:

It’s not just diners who are experiencing financial hardship. Restaurants face a big competition from delivery apps, which can take up to 30% of their earnings. This is especially true for smaller businesses that depend significantly on delivery services. Restaurants may find it extremely challenging to generate a profit due to the weight of high commissions, given their already extremely narrow profit margins.

A troubling tendency is shown through data: the cost of using delivery apps is progressively going up. Fees have increased to previously unheard-of heights in recent years, leaving many customers unable to pay more for their favourite dishes. For a few, the price hike has caused them to reconsider their dining options.

At home diners, keep in mind that you have to account for the hidden expenses the next time the convenience of a takeaway menu entices you. It’s a story about: delivery workers’ financial struggles, increased rates, and outrageous surcharges. Bon appétit, with caution.

https://www.vox.com/money/24118201/food-delivery-cost-expensive-doordash-ubereats-grubhub

https://www.foodandwine.com/news/delivery-app-prices-higher-fees-2021-pandemic

Junior Contributors

Beneath the waves: Unveiling the legacy of the transatlantic slave trade in the Bahamas

Published

1 week ago

April 25, 2024

TOCaribNews

BY KAHA G. – 15 YEARS OLD

What is archaeology? Archaeology is the study of human history and prehistory through the excavation: of artifacts, structures, and other physical remains. It helps us understand past cultures, societies, and lifestyles by analyzing material culture left behind by ancient civilizations. In this case, archaeologists in the Bahamas have found underwater wrecks of 14 sailing ships involved in the Trans-Atlantic slave trade between Africa and the Americans.

The Bahamas Lost Ships Project, led by Allen Exploration and the Bahamas Maritime Museum, aims to catalog shipwrecks in the Bahamas. They’ve found 596 wrecks so far, dating back to 1657. Also, these findings were published around Black History Month, emphasizing the importance of preserving the experiences of marginalized communities.

The Bahamas’ history is deeply connected to the transatlantic slave trade, with events like the arrival of the first slaving vessels shaping the islands’ population. The wrecks of ships like the Nancy and the General Oglethorpe remind us of the individuals who suffered and resisted enslavement. This research also highlights the Bahamas’ role in the transatlantic slave trade, connecting: Africa, the American Southeast, Cuba, and the Gulf of Mexico. Making it an important trade route for these places.

According to Livescience, the wrecks included the “Peter Mowell which is an American schooner (sailing vessel) that sank off Lynyard Cay near Great Abaco Island in 1860 with about 400 enslaved Africans on board; as well as smaller vessels that carried slaves to plantations for sugar, coffee, cotton and tobacco in North America and around the Caribbean.”

Alongside that, the team of archaeologists, and Allen Exploration have found three wrecks, but their locations are currently undisclosed. The CEO, emphasized the historical significance of these wrecks, noting their importance in understanding the conditions aboard slave ships and the broader history of the slave trade.

Additionally, the type of living conditions of enslaved Black people were atrocious. They lived in miserable huts, which were said to be “Unfit for the habitation of wild beasts.” They wore iron slave collars and worked seven days a week, with just four hours a day of rest in cane-cutting season. Unfortunately, about 10% of enslaved Africans died on the plantations in Cuba each year during the slave trade, and some were even flogged to death.

In conclusion, the discovery of these shipwrecks in the Bahamas sheds light on a significant, yet often overlooked aspect of human history: the transatlantic slave trade. These findings provide valuable insights into the conditions endured by enslaved individuals and the intricate networks that facilitated this cruel trade. As we continue to explore and preserve these historical sites, we honor the resilience and bravery of those who resisted oppression and strive to ensure that their stories are remembered for generations to come.