Legal Question in Family Law in Canada
Child Support.
My boyfriend and I found out we were having a child about 2 mnths ago, i was not orginally wanting to keep the child and my bf assured me tht we would be in this together and he would support me mentally and financially since we both knew I wouldnt be able to work early on in the pregnancy. My boyfriend has since decided that he no longer wants to support me and wants nothing to do with this child, also at this time i am unable to work since i am showing and i am a bar tender have been for almost 6 years. I very little savings and because i lived on my tips and made 6 dollars an hour I will receive next to nothing for UI. My ex has stated that he cannot give me child support because he has too much debt, now I am at the point in my pregancy where I cannot have an abortion and I cant afford my rent. I am wondering if I took him to court would I be able to receive some kind of support from him through out the pregancy for baby needs and dr expenses and prescriptions since i dont have insurance. Also, if his debt will play a role in whether or not he has to pay child support. Thank you for you're time. Also, if you could refer me to a lawyer that would be able to help me in this case that would be appreciated thank you.
1 Answer from Attorneys
Re: Child Support.
In British Columbia and in most provinces both parents are responsible for child support until a child reaches the age of majority (19 in B.C.). It is irrelevant whether or not your boyfriend has debt or not or whether or not he wants the child or anything to do with the child - he is the father and will be ordered to pay support. If he will not pay what the Court orders, the Family Maintenance Enforcement Program will get the support from his employer and give it to you (for free). The amount of support you will get is based on his gross earnings (that is before deductions - not his take home earnings). To find out how much you will be entitled to visit the government website for "Child Support Guidelines" at http://www.justice-canada.ca/en/ps/sup/grl/pdftab.htm (if the system removes the link, just Google "Federal Child Support Tables"). You must see a lawyer as soon as possible; you very likely qualify for Legal Aid; as you do not say where in B.C. you live we can not give you any information on how to contact Legal Aid in your community, but if you live int he Greater Victoria area, you may email us directly at the link found by Googling "Donald R. McLeod Law Corp."
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