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I have a court date with the father of my children on

Hey! I have a...

Hey! I have a court date with the father of my children on September 1st. He is claiming that he is unable to work because he has depression and has to finish high school. Can he get away with not paying child support because of this?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I am in Alberta, Canada

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has not paid child support since October 2016 and only paid for 2 months prior. I work a part time job and I am attending online university

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Answered in 41 minutes by:
8/21/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,031
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

Is he finishing high school in fact?

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Customer reply replied 6 months ago
He has been "attempting" to finish grade 11 for the past 3 years. He is 19 years old.
He is, in fact, registered with a home schooling organization.

I would think a court would say he doesn't have the luxury of not working with children so the court would impute income to him and order support based on the imputed income.

The amount of income imputed would be what someone with his age, education and experience could earn which though not a lot is certainly something.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Debra
Debra, Lawyer
Category: Canada Law
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Customer reply replied 6 months ago
Thank you Debra! I also have another question. He submitted receipts for four sessions he's had with a phycologist in the past couple of months. He claims that he is unable to work because of the stress it causes him and it aggravates his depression and anxiety. He claims that when he lived with us and "helped" to raise our daughter, it was the cause of his depression. Does he have any grounds here? Can he actually use this to get out of working/paying child support? I have suffered from severe diagnosed PPD with both of my children, I work 25 hours a week, raise both kids on my own, and attend university. He surely can't get out of paying because of this..

No he cannot. That is not how the law works.

Child support is a child's right after all.

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Customer reply replied 6 months ago
That's great to hear. What kind of questions can I expect in court? What should I come prepared with?

I noticed you have a membership with the site now.

If that is the case please start a new post for this new question. That way I can get paid.

Thanks

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