MY DAUGHTER HAS BEEN SEPARATED FROM HER HUSBAND FOR 6 MONTHS.

If he is making $40,000 gross annual income then for 2 children in Manitoba he is required to pay $547 per month.

That is the law.

There is no discretion.

And a Court would order this.

So your daughter needs to get a court order because child support is the right of the child and he is not permitted to not pay support. It is really that simple.

If she is physically afraid of him the moment he sounds like he may do something she has to call 911. If the threatens her then she should call 911. He may be placed under a restraining order.

She should be seeing a family lawyer right away. Even if she cannot afford to retain a lawyer she needs an initial consultation.

Your daughter can contact the Law Society and use their Lawyer Referral Service. She will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

204-943-2305 or toll free 1-800-262-8800

This appointment may at least serve to empower your daughter. If she is allowing him not to pay support she is being bullied by him. She will find out that the legal system will not allow him to get away with this. In fact if she gets a support order she can register it with the government and it will be enforce for her.

She cannot get an divorce judgment signed for one year from the time they separated unless there is adultery and he will admit this by way of a sworn affidavit or unless he admits to cruelty.

But she can proceed at once, and should to resolve other issues.

She can get an order that access drop off and pick up happen at some designated space.