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marriage is defined as ‘a child of two spouses or former spouses who, (1) is under the age of majority and who has not withdrawn from the charge of his parents, or (2) is the age of majority but is unable, by reason of illness, disability or other cause, to withdraw from the charge of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

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How Toronto’s Caribbean Community is Leading in Digital Innovation

Published

1 week ago

April 16, 2024

TOCaribNews

Toronto’s Caribbean community is making significant strides in the realm of digital innovation, reflecting a vibrant and dynamic force within the city’s tech sector. This burgeoning influence spans across various sectors, including technology incubation, digital education, and entrepreneurship, underscoring a profound impact on Toronto’s digital economy.

Fostering a Culture of Innovation

The Caribbean community in Toronto is actively contributing to a culture of innovation that is pivotal for the city’s future advancements. Through collaboration with local and international businesses, startups, and academic institutions, this community is part of the driving force behind Toronto’s position as a hub for innovation. The city is home to over 70 incubators, accelerators, and co-working spaces, offering programs that support startups in technology, manufacturing, food production, fashion, arts, and music.

Central to this ecosystem is the MaRS Centre, one of the world’s largest urban innovation hubs, which houses entrepreneurs building Canada’s next generation of growth companies. Toronto’s impressive tech industry, supported by giants like Microsoft, IBM, Cisco, Google, and Facebook, benefits from the diverse talents and innovative spirit of the Caribbean community.

Digital Education and Entrepreneurial Spirit

The Toronto Caribbean community’s commitment to digital education and entrepreneurship is evident through initiatives such as the Toronto Reference Library. This hub invites users of all ages and skill levels to explore digital creation, offering activities and workshops on topics like 3D printing, graphic novel book clubs, and crafting circles. Such programs are crucial for fostering a culture of lifelong learning and innovation, enabling community members to acquire and refine digital skills.

Contribution to the Digital Economy

In the rapidly evolving digital economy, Toronto’s Caribbean community is not just a participant but a trendsetter. This is evident in the diverse range of digital services thriving in the city, including sectors such as life sciences and healthcare. The community’s innovative spirit contributes significantly to the city’s standing as a leading North American tech hub, with a vibrant biotechnology cluster and a comprehensive network of hospitals, research institutes, business incubators, and venture capital organizations. Also, initiatives like the Caribbean Digital Summit and The LEGUP Wealth Symposium featuring leaders from Caribbean governments and the tech industry, exemplifies the community’s active engagement and leadership in digital transformation and governance on a broader scale.

The real-time table games in Canada exemplify the wide array of online services prospering under this innovative umbrella. This digital sector benefits from the technological advancements and entrepreneurial drive within the Caribbean community, illustrating the diverse impact on Toronto’s digital landscape.

Toronto’s Caribbean community is playing a pivotal role in shaping the city’s digital innovation landscape. Through a commitment to education, entrepreneurship, and collaboration, this vibrant community is contributing to Toronto’s reputation as a global hub for technology and innovation. The synergy between the Caribbean community and the broader tech ecosystem in Toronto is proof of the power of diversity in driving progress and creativity in the digital age.

Junior Contributors

Unveiling the Mysteries of the Fibonacci Sequence: Nature’s hidden code

Published

2 weeks ago

April 11, 2024

TOCaribNews

Photo Credit: Racool_Studio

BY KAHA G. – 15 YEARS OLD

“The Fibonacci Sequence turns out to be the key to understanding how nature designs… and is a part of the same ubiquitous music of the spheres that builds harmony into atoms, molecules, crystals, shells, suns and galaxies and makes the universe sing.” Guy Murchie

This quote was utilized to pique your curiosity about today’s article topic, The Fibonacci Sequence.

The Fibonacci Sequence is a series of numbers where each number is the sum of the two preceding numbers. With the set of numbers being:

0, 1, 1, 2, 3, 5, 8, 13, 21, 34, 55, 89, 144, 233, 377, 610.

One of the most remarkable properties of the sequence is its connection to the golden ratio. The golden ratio is an irrational number that is approximately equal to 1.61803398875. It’s found by dividing any number in the Fibonacci Sequence by the number behind it. The more someone goes down the sequence, the closer the result gets to the golden ratio. Here’s a small example, 34 divided by 21, which is 1.61904761905. Look how close that is!

Furthermore, it appears in many natural occurrences, from the arrangement of leaves on a stem to the shape of a seashell. Some examples are the spiral patterns of sunflower heads, pinecones, pineapples, as well as the pattern of the nautilus shell being the most famous one. Although this might seem like a coincidence, it helps nature as well by maximizing surface area, efficiency, and strength.

The Fibonacci Sequence also appears in mathematics, computer science, and art and design. In mathematics, the sequence plays a role in number theory and algebraic structures. In computer science, the sequence is displayed in algorithms, data structures, and computational geometry. In art and design, the Fibonacci sequence is displayed to create aesthetically appealing designs, like the famous “The Starry Night” by Vincent van Gogh.

The Fibonacci Sequence is a remarkable pattern that appears in nature, art, and mathematics. Its connection to the golden ratio and its presence in nature make it a fascinating subject of study and research. This just makes me appreciate nature’s beauty and makes me regret how little we reflect on the world around us. What are your thoughts on this beautiful sequence?