Legal Question in Family Law in Canada

Will Dad Ever Have To Pay Child Support or Be Responsible For Arrears?

Approx 4 & half years ago my husband and I separated. For the last 3 & half years we have shared joint custody and guardianship of our 3 children of whom resided with each of us equally until 1 year ago when the oldest chose to live with me. Because I was extremely naive, I did not realize that it was my obligation to pursue child support. I thought that either he would just pay support or it would be ordered by the trial judge. Neither has happened to date. My concern is that because there has never been an agreement between us or one ordered by the court that he will continue to not have to pay. The judge doing our trial for the last 3+ years has said that he wants to wait until a final order for custody and access has been decided before making any decision on support. This does not seem right to me. I don't believe that anyone thought that this trial would take so long and we did not want to take a chance of angering the judge by insisting on support even though it should be paid. My ex makes approx. $72,000 yr and I do not have an income as I am an at home mom. I have another child with my current spouse who is supporting 4 children, only 1 of which are his own. Is this common and what is the worst case scenario?


Asked on 11/05/05, 12:59 am

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Will Dad Ever Have To Pay Child Support or Be Responsible For Arrears?

I don't understand why a trial has gone on for over 3 years; this is unusual in the extreme. You do not say what Court your matters are in (supreme Court of B.C. or Provincial Court) but a trial going on over this length of time is very unlikely. Without actually seeing the court documents, I will surmise that your matter has not actually reached the stage of a trial and you are still in the interim, pre-trial stage. If I am correct, then your lawyer should make an application fora variation of child support based on a change in circumstances. I can't answer your questions further without more information,. but I strongly advise you to seek the assistance of a lawyer - there are many good ones in Quesnel, Williams Lake & Prince George, and you may very well qualify for Legal Aid. Their phone number is in the phone book.

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Answered on 11/05/05, 11:49 am


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