I just had a new baby with my common law partner. I’m on…

I am sorry to hear of your concern.

Unfortunately, the judge will likely impute income but perhaps not for a full year. Yes it would be based on what you were earning before.

You would have to show that your deciding not to work is reasonable or necessary given your various obligations.

Here is what the case law provides at this point:

1. income may be imputed to a parent who is intentionally under-employed or unemployed unless the parent establishes under s. 19(1)(a) of the Federal Child Support Guidelines that the needs of a child require the parent to remain at home;

2. it is recognized that generally a newborn child or a child of very young age is a child who needs care at home in the context of s. 19(1)(a), but

3. childbirth does not provide an automatic relief from a parent’s child support obligations;

4. the circumstances of each situation must be evaluated using all of the criteria articulated in Donovan v. Donovan (2000), 190 D.L.R. (4th) 696 (Man. C.A.)as adopted by this Court in Watts v. Willie, 2004 BCCA 600;

5. any period of non-support must be reasonable in the circumstances.

Do you see what I mean?

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.

Yes you can get married. I makes no difference in terms of child support.