Legal Question in Family Law in Canada

Re: Seeking a way out

This answer is specific to British Columbia, but is quite likely the same in other Provinces and Territories.

You should seek a DNA test to determine if you are the father. If you agree you are the father without a DNA test, and later want to prove whether or not you are, it is usually too late to challenge it by a DNA test - you've agreed and you are the father.

The right to child support is that of the child NOT the mother, and she is not legally allowed to sign any sort of contract or agreement not to seek or accept child support. If you and she do enter into such a contract it is void. If she is in receipt of social assistance of any sort, the authorities have the right to act in her name to obtain support. If she is not in receipt of social assistance, and takes no action to get support, but later changes her mind, she can pursue you for support and quite likely be awarded support even for years into the past.

The simple fact is that if you are the father, you will pay appropriate child support based on the amount prescribed by the Child Support Guidelines, and determined by your income as defined by the Guidelines.

Payment of child support comes before ALL other payments - before tuition, room and board, mortgages or rent, car payments, and before just about anything else you can think of. If you have little or no income but are capable of greater earnings, then support may be calculated based on what you should earn.

The lesson here is don't have sex without a condom unless you are prepared to take part in raising your child.