Legal Question in Family Law in Canada
I want to file my court papers to receive child support and sole custody, but my ex claims that if i take him to court, he will just sign his rights off and this will releive him of paying any support to me. Is this true? How can they just have that option, and not have to pay for what he helped make?
I received support from him via verbal agrement for 6 months and then he quit when I met my boyfriend. He has not paid for 6 months now, and yet I have never denied him his visitation. (he takes her overnght once a week). If i am allowing visitation even without child support (i would hate to have someone tell my daughter when she is older, that she didnt get to see her dad just because he wouldn't help pay for her), would the courts allow him to voluntarily sign rights off just to get out of support payments?
1 Answer from Attorneys
In British Columbia, what he has threatened is not possible.
1. Child support is the right of the child, not the parent
2. A custodial parent can not give up the right to receive child support, becauses it is not the custodial parent's in the first place
3. A non-custodial parent can not refuse to pay child support; he can not "sign off" rights and obligations;
4. The non-custodial parent has to pay child support regardless of whether or not he has access (which you call visitation); he has to pay if the courts deny him access, he has to pay if he has access but won't use it; he has to pay if he has access and does use it - he has to pay - period.
5. If he is ordered t pay and won't, then the government can refuse to renew his driver's licence; the government can refuse to issue him a passport; the government can order his employer to pay the child support; his income tax and HST refunds can be ordered attached to pay child support; his assets such as his car can be seized and sold to pay child support; he can be sent to jail for non-payment.
If you are on social assistance, the government may assume your rights to sue for child support - it is your obligation to co-operate in return for social assistance.
We suspect the law in all Provinces is similar to that in British Columbia.
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