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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100964
Experience:  Lawyer
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2 minor children have been living with me .5 years. They are

Customer Question

2 minor children have been living with me for 3.5 years. They are not my children. Their mother has not been supporting them in any way until December 2015. Can she be held responsible for the years she did not pay child support?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Can you first let me know if there's also a father?

Customer: replied 1 year ago.
There is. We had a relationship from 2011-2012. I have 2 children with him also. All 4 children reside solely with me. Both the father and the mother have left the 2 children in my care since 2012. The father provides support for all 4 of his children. The mother resides in Alberta, the father is in Ontario and the children and I live in quebec
Expert:  Debra replied 1 year ago.

You can also get support from the mother.

The Court will order that she pay support.

But it will not be the full table amount. The court will apportion what each parent should be paying you.

I suggest you demand that she start paying you retroactively and threaten court first and if that doesn't work then you start an application for support.

Customer: replied 1 year ago.
legally she does owe retroactively?
Expert:  Debra replied 1 year ago.

Yes she does. She has always had a legal obligation to support her children.

Customer: replied 1 year ago.
I had never formally requested child support from her in the past (we do not have contact with each other). I was previously told that because I didn't ask for child support, that she does not owe child support. Can you confirm if this is correct or not?
Expert:  Debra replied 1 year ago.

It depends on the facts but the court will want to know why you didn't pursue this before.

At the most they will go back three years but if you have no good reason for not seeking support before she can argue that this is now going to cause her to undergo undue hardship.

The court may agree to have her pay some but not all of what she will have to pay going forward. There are no guarantees.

Customer: replied 1 year ago.
I did not ask because:
1) she is verbally abusive towards me by phone and it is extremely difficult to have a conversation with her.
2) over the years she has not responded to email inquiries I have sent to her seeking information on what she planned to do with respect to her children ie, if she intended to ever have them live with her again
3) the family of the children's father and the father, insisted that I not request child support from the mother because they feared that such a request would make her want to take her children back to Alberta.I have incurred a substantial amount of personal debt due to the expense of raising two additional children that are not mine. And am facing hardships because of it.
Expert:  Debra replied 1 year ago.

Then you can explain all of this to the court. It is quite believable of course and 2 and especially 3 are very important. 3 is quite compelling so you should likely succeed at least partially.