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1/6/2010
VerifiedA bit unclear with your narrative.
Could explain a little more?
Where is the child?
VerifiedI am a Canada law expert and I am pleased to assist you.
The obligation to pay child support rests solely on your spouse. Just because the father has no income does not mean you are responsible. She will not be able to get an order in Canada that requires you to pay support.
However, she may be able to get an order that requires your spouse to pay some support. The Court will likely find that because he has a child your spouse cannot afford not to work, at least part-time. For this reason the Court will likely impute some income to your spouse and make an order for support based on that income.
Let me know if you need further clarification.
The obligation to pay child support rests solely on your spouse. Just because the father has no income does not mean you are responsible. She will not be able to get an order in Canada that requires you to pay support.
However, she may be able to get an order that requires your spouse to pay some support. The Court will likely find that because he has a child your spouse cannot afford not to work, at least part-time. For this reason the Court will likely impute some income to your spouse and make an order for support based on that income.
Let me know if you need further clarification.
If he has no income at all then he will not have to pay support. If he gets some income such as scholarships from the school or even investment income this counts as income. In other words if he declares any income on his income tax return that number would be used for support purposes.
If not, for now he won't have to pay support as far as I can see.
If not, for now he won't have to pay support as far as I can see.
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