Child support legal question (Ontario)

Discussion in 'Off The Beaten Track' started by Twilight1, Oct 20, 2010.

  1. Twilight1

    Twilight1 Well-Known Member

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    Hey all- a friend of mine was served for child support for a child not biologically his. Their relationship lasted less then 2 years, and said child lived with them for maybe 1 yr? The child lived many years with his grandparent and was a teenager when my friend and his mother got together.

    She has never gone after child support from the child's biological father even though her son does see him on occasion.

    Does my friend still have to pay? I don't know because I can't find any info on this unique situation online. They broke up 2 years ago, and she is going after him for back suport as well so this is a significant amount of money he may owe.

    Thanks!!
  2. GarrAarghHrumph

    GarrAarghHrumph I can kill you with my brain

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    Your friend needs to see a lawyer.

    Was he married to this woman? Did he actual act as a father to the boy? I'm from the US, and here, issues re: child support can get a bit weird; and it *is* possible for someone who is not the biological father of the boy to have to pay child support. But IMO, based only on what you've written, I don't think that applies in this case. He needs a lawyer, though. This isn't something he should go into without professional assistance.

    He should not respond to the filing, nor should he speak to this woman or anyone else involved. All needs to go through his lawyer.
  3. attyfan

    attyfan Well-Known Member

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    Also, he probably needs to hurry. I don't know anything about Ontario law, but in most places, there is a time limit in which to respond, and, if he does not respond in time, he is in default (which means the court can issue a judgment against him.)

    Ontario should have some sort of lawyer's association (bar association, or whatever) who might help steer him to an attorney who does a lot of this type of case.
  4. Twilight1

    Twilight1 Well-Known Member

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    He has a lawyer and no they were no married though were engaged for almost a year prior to them splitting up. It was through their time engaged that her son lived with them.
  5. Tinami Amori

    Tinami Amori Well-Known Member

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    Supposing your friend and his former partner are not disputing biological issue and DNA test is not required to solve the issue….

    I don’t know Ontario laws.

    Your friend must check immediately if Ontario Laws allow for Equitable Doctrine of Estoppel to be followed in family court and to what extend.

    Equitable Doctrine of Estoppel
    This means that the judge may allow the child support to be collected from a parent for a child that is not biologically his, and who was never legally married to the mother of the child, based on behavior/actions/conduct/precedents set in regards to the upbringing and economics of the child.

    If your friend has willingly “acted like a parent to the child for an extended period of time” and permitted the mother and child to reply upon his financial and paternal support, even if one is not a biological father or husband, he is so to say “accepted the active parent’s duty”.

    This rule (doctrine) applies not only to “male partner”, but to ANY ADULT, grand-parent, relative, same-sex partner, lover, even family friend in rare instances…… Once an adult starts providing a voluntary support which creates “degree of reliance” – this adult CAN potentially be held liable.
    Last edited: Oct 20, 2010
  6. bardtoob

    bardtoob Well-Known Member

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    While I was not the intended recipient of this information, this is very useful information for anybody, Tinami.
  7. rjblue

    rjblue Re-registered User

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    My sister's ex-husband pays child support for his step-daughter, who he lived with from 4-13, but they have a father/daughter bond, so it was never an issue for him.

    My other sister's ex-husband lives with another man who has custody of two children- one is his biological child, and the other is the sibling that he was raising as his when he left his wife. My sister's two children live with them every other week too.

    There are so many non-traditional childrearing arrangements now. It would be strange for your friend to have to pay child support but not have a visitation agreement. And it would be greedy of her to force him to pay, if he and the child don't have that kind of a bond.
  8. Twilight1

    Twilight1 Well-Known Member

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    In this situation, my friend got together with this woman in 2006, they bought a house in 2007 and her son lived with them off and on for maybe a year before they split in 2008. My friend didn't have much of a relationship with said child having not really known him. He was 14? I think when he moved in. This child is not close to his mother and in this case, I really think she is using the fact that her son did have a room in the house as a means to get money. My friend in no was a parent to that child. He was amicable and friendly to him but did not do anything I would constitute as paternal in anyway in all the times I was at their house.
  9. taf2002

    taf2002 Well-Known Member

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    If this is true it really sucks. So I guess when you have a relationship it would be best not to be good to his/her child for fear that you will be locked into child support for years. This law makes no sense. Biological parents need to provide the lasting support, not boyfriends.
  10. numbers123

    numbers123 Well-Known Member

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    From the description that Tinami posted, the item that I bolded, and the item I bolded in your post, it appears that he may be responsible for some child support.

    I am not a lawyer and certainly not in Canada, but I would suggest that he has his lawyer determine if indeed the child is living with her and if he is responsible for just a certain length of time, and if she is "too late" in filing for child support (over 2 years ago?)
  11. marbri

    marbri Hey, Kool-Aid!

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    http://www.childsupportlaws.ca/#step