Can you use your parents for child support — know your rights
Many families in B.C. have similar problems when it comes to child support. They aren’t aware of the regulations and what rights they are entitled to. As long as your parents are together and you are living with them, you don’t have the right to go to the court and request for child support. In this case, the court will assume that all your needs are fulfilled because they are not legally separated. According to the section 215 of the Criminal Code, the parents will make a violation if they don’t provide the necessities, such as food, shelter, and clothes.
On the other hand, if parents are separated, then the parent who is supporting and living with you is entitled to ask for child support from the other parent. Children who are under 19 are considered to be legally disabled, and can’t start any court procedure without the approval of legal guardian. Even if you decide to engage in this process, the court will probably reject your request to appoint you a litigation guardian because the parent who is living with you entitled to apply for child support.
When you turn 19, you are entirely responsible for your actions, even though, you are still considered as a child. Maybe you have some disability that prevents you from working, or you have enrolled in secondary education program. In this case, you can apply for child support, and you aren’t required to have a litigation guardian. When starting this legal procedure, you will have to prove to the court that you actually need financial support. Keep in mind that support won’t be made automatically. If in the mean time you get a job or get married, the court will reject your request.
If you are under 19 and you aren’t living with your parents, then you have the right to receive a child support. In cases your parents don’t pay it, then you have to begin a court action, but still, you will be represented by a litigation guardian. There are some cases where children didn’t receive a child support, usually when they ran away from the house, or when they found a job and are living independently from their parents.