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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101370
Experience:  Lawyer
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My daughter is a single mother of one. the father and her

Customer Question

My daughter is a single mother of one. the father and her have never married. The father is serving a 10 sentence in Matsui prison in Abbotsford and has an accident6 case about to be settled with ICBC where he may receive a sum of money. As the father has not paid a penny to help support his son in the past 3 years and 2 months, how can my daughter put a claim against the funds that the father will receive from ICBC and how much would her son be entitled to for support?
JA: Since laws vary from place to place, what state is this in?
Customer: British Columbia, Canada
JA: Have you talked to a lawyer yet?
Customer: No, my daughter earns minimum wage and cannot afford a lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: One more question - does she need to apply for sole custody or is it assumed since dad is in prison?
Submitted: 1 month ago.
Category: Canada Law
Expert:  Debra replied 1 month ago.

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.

Expert:  Debra replied 1 month ago.

I am sorry to hear of this difficult situation.

Has your daughter tried to apply for legal aid.

Customer: replied 1 month ago.
She has not as she has difficulty getting around, no vehicle or license and her hours at a grocery store are varying shifts and days makes it difficult to make appointments although I am trying to help as possible
Expert:  Debra replied 1 month ago.

She doesn't have to make an appointment.

She has to apply for a legal aid certificate. Saying has low income and cannot afford a lawyer doesn't make sense and she has to start understanding that there is a lot she can do but whether she has shifts or a licence doesn't mean she cannot get some help. If she gets support she and her child will be better off.

So she has to contact the legal aid office and discuss her entitlement. She can go by the office or she can call the contact centre.

And she or you can read about that here:

https://www.lss.bc.ca/legal_aid/howToApply.php

And yes she should get an order for custody. If she does not she won't be able to get the child a passport for example.

She will be able to get support based on the portion of the money that is for income replacement. That will be considered income for support purposes.

There is no way for me to know how much she will get as we don't know what portion will be marked as for income replacement.

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.