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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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What can one do about child support if the payor is of retirement

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What can one do about child support if the payor is of retirement age (65), says he wants to retire or work just a little now and then, is still making about $15,000/year from a combination of pension earnings and his courier business, appears to have underestimated earnings in the past claiming only about $3,500 to $5,500/year from occasional work as a handyman and yet has a child to support of 2 1/2 years, born when he was about 62 years old?

Can one impute an income to him if he is of retirement age?
Yes income can be imputed and likely will.

The father has a very serious obligation to the child.

Child support is the right of the child.

So the father cannot be deliberately under-employed or deliberately unemployed.

If he is the Court will impute income and will likely inpute the level of income that he has previously earned.
Customer: replied 3 years ago.

W'hat are the chances that he would also have to pay something in child support for the other 2 children of his spouse, 10 and 12 years old, not his; the other 2 didn't get along too well with him, he tended to go on outings with his own children from a previous marriage and sometimes the 1 child of the marriage, yet he spoke of them to his family as his children, they called him "Dad" and gave him Father's Day's cards, etc.? The biological Father of the two children pays airfare to another country for the children and their mother each year (what he considers to be roughly equivalent to child support payments) so he can see them for a few months at least, lettling her have custody of them basically

He may have to pay something but it would really be to just top up what the bio father should be paying.
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