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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3567
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I am the mother of four daughters. I was in a relationship

Customer Question

Hi my name is ***** ***** I am the mother of four daughters. I was in a relationship with their father for 17+ years. In 2004 in my daughters adolescent years we separated, my girls then, were 12 (twins), 15 and 17 years old. During the first two years of separation I did not file for child support, due to a verbal agreement between the two of us...which did not work out, so I filed a maintenance claim with the courts. Eventually I received payments! While growing up their father did not pick them up for holidays, birthdays or even a little visit...which there was no excuse for because we lived in the same town. So until they turned of legal age they lived with only me. Those are just a few details to get to know a little about me.
Now my question to you is do I have any rights to ask for any type of compensation from my ex who is a recent winner of 649 He has given money to his biological daughters but has not offered myself or my daughter, "that he raised" from 6mo. old any money at all.
Thank you, ***** ***** wait to hear back.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question. Is there any ongoing support flowing to you, or contribution to the children's expenses, perhaps for post secondary costs?

Customer: replied 1 year ago.
No the only support was for his biological daughters
Customer: replied 1 year ago.
they are no longer children they are adult now
Expert:  Ulysses101 replied 1 year ago.

But are the kids all living their own as adults? None are in school or anything like that?

And what about you? Was there any spousal support ordered?

And old is his stepdaughter now?

Customer: replied 1 year ago.
There never was any spousal support issued by courts and his stepdaughter will be 31 on January 30th of this year
Expert:  Ulysses101 replied 1 year ago.

You've asked a good question, but I don't see any claims for you if there's no ongoing support obligation from him to any of the kids and to you.

As I'm sure you know, lotter winnings are a windfall and not subject to income tax, and technically aren't to be considered in child support either. Certainly, if he has come into millions the court will expect him to invest a reasonable amount prudently in order to derive ongoing income and support payable from that.

But i don't see any way that you could make a valid claim for any support related monies from him at this point, given that his obligation to support has ended. Thus his income is irrelevant without first establishing an obligation.

Naturally, if he's in any arrears they should be paid up. If he's any father at all he'll give the children some money or at least put some in trust for them to have in the future. But under support law there's no claim here.

I'm sorry, I wish I had better news for you. Please don't shoot the messenger. If there's anything further to discuss then please reply with question or comment. If I've answered you then I'd appreciate a positive service rating please.

Expert:  Ulysses101 replied 1 year ago.

Is there more to discuss here, Stella?

Expert:  Ulysses101 replied 1 year ago.

I'm here if there's anything more to discuss. I'm sorry that I couldn't tell you what you wanted to hear, but I'm not helping if I do that.

I won't send any more notes if we're finished. Just reminding you that the question thread is still open. And to ask for a service rating, if you don't mind. That would be great.

Good luck