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Digest of the Week | In Loco Parentis

Mother’s child support claim against a party in loco parentis to a child over the age of 18 was denied in Saskatchewan Court of Queen's Bench decision

P. (S.D.) v. T. (L.M.)

2016 CarswellSask 109

Saskatchewan Court of Queen's Bench

Family law --- Support — Child support under federal and provincial guidelines — Interim award

Father commenced petition seeking equal division of family property; petition did not deal with issues of custody, access, parenting arrangement or financial support for two children — Father said they were mother's children from previous relationship — Mother filed answer and counter-petition seeking unequal division of property, custody of children, and spousal and child support — Father opposed claim on basis that he did not stand in loco parentis to children, although he did live with them — Mother brought application for interim child support based on father's income of $31,662 — Application granted in part — Mother later amended claim to include third child — Two oldest children were over 18 years of age and youngest child was 11 — Under Family Maintenance Act, no order could be made against person standing in loco parentis after child was 18 years old — Support could not be ordered for two oldest children — Court was satisfied father stood in loco parentis to youngest child — Guidelines amount of support for one child based on father's income would be $240 — Court reduced amount payable to $160 in light of financial obligation which had been placed by way of interim order against child's biological father.

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