Legal Question in Family Law in Canada
My wife and I split up after ten years together. She asked for a separation. There were tow step children in the relation, both had different fathers but lived with us. My spouse did not want child support, we split the family assets, although I am paying back all family dept. We have been apart for two years and now she wants me to proceed with an uncontested divorce. Can she or the courts come back at me for child support. At time of separation the oldest was 18 and the youngest 13.
Appreciate any coments
1 Answer from Attorneys
As specified on the LawGuru website, all questions directed to this law firm must be answered with reference to British Columbia law. We doubt the law is different in BC.
Child support is a right of the child and not the custodial parent. It is immaterial if your ex-spouse wanted child support or not, as child support is not hers to give up. It is also your obligation to pay child support whether or not you were told to pay it back then. Step parents are in a somewhat different situation; a lawyer must be consulted to determine if the children are in fact step children or not. There are a number of factors other than jsut they are the children of your partner. In any event you have a moral obligation to support the children. Can you be forced to pay support now? Possibly - you have ot given enough facts. See a lawyer, please.
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