parental alienation and child support

[RoCr]

I'm alleging that my x has alienated my child from me. We are going to be going to court. In the interim my x wants child support.

Can the allegation of Parental alienation be grounds for forgoing child support.

Thanks.

[slughead10]

nope but can be grounds for change in custody.....

[blinkandimgone]

There aren't really any grounds for 'forgoing' child support. Access and financial responsibility are mutually exclusive. You don't have to be able to see your child in order to be responsible for financially supporting your child.

You should be more focused on gaining access or a change in custody to secure a meaningful relationship with your child(ren)then getting out of paying child support.

[RoCr]

Originally Posted by slughead10

nope but can be grounds for change in custody.....

working on it. Thanks.

[RoCr]

Originally Posted by blinkandimgone

There aren't really any grounds for 'forgoing' child support. Access and financial responsibility are mutually exclusive. You don't have to be able to see your child in order to be responsible for financially supporting your child.

You should be more focused on gaining access or a change in custody to secure a meaningful relationship with your child(ren)then getting out of paying child support.

Thanks. I understood that there were some cases where child support was no longer an obligation since the alienation was so severe that no relationship could ever be salvaged and where the child severed the relationship.

Please take a look at Marsland v. Gibb 2000 BCSC 471 (CanLII), (2000), 5 R.F.L. (5th) 406 (B.C.S.C.) among others.

Cheers,
Scotty

[blinkandimgone]

And your child(ren) is/are how old? The 'child' in that particular case was almost 20 years old and given that she wouldn't provide proof of enrollment in post-secondary education was no longer considered a child of marriage for the purposes of child support.

[kevindell]

Originally Posted by RoCr

Thanks. I understood that there were some cases where child support was no longer an obligation since the alienation was so severe that...
Cheers,
Scotty

Sorry, little experience with this other than being on the receiving end of bouts of alienation.

Respectfully though, on the face of things it seems that you are more worried about CS than getting back with your kid(s).

It seems that the solutions put in place put the kids in your custody.
Pettenuzzo-Deschene v. Deschene (Ontario, August 2007)

[RoCr]

Originally Posted by kevindell

Sorry, little experience with this other than being on the receiving end of bouts of alienation.

Respectfully though, on the face of things it seems that you are more worried about CS than getting back with your kid(s).

It seems that the solutions put in place put the kids in your custody.
Pettenuzzo-Deschene v. Deschene (Ontario, August 2007)

Respectfully, I was only asking a question. Can you show me where I suggested that I am more concerned about CS than getting back with my child? I reread my original post and nothing indicates such.

It seems that this is a common assumption that most people make.

[kevindell]

Originally Posted by RoCr

...
It seems that this is a common assumption that most people make.

Exactly. As soon as I asked for custody(50/50) the assumption I had to fight was that I was doing it for the money. Something that my ex did not. Would have been cheaper for me to not ask for a change.

Get the custody changes you want. Then go for money changes later.

[Chris2008]

I think it's because the mere fact that you are saying that parenting alienation is somehow related to child support (aka taking care of your child).

Well, I am in the same boat as you where my newly ex is withholding access from me. We have yet to finalize a parenting plan and we're going to court for it. However, I still paid my share of the child support. Think of it this way, you have an obligation to support your own child from a moral let alone legal standpoint. The child needs to be clothed, fed, and have a roof under his head.

Just because you say it's PAS doesn't change the fact the child still has those needs to be taken care of by BOTH parents. Until the custody arrangement changes, then the CS changes.

Think of it on the other shoe, if you had the kids, your ex accused you of PAS, she can withhold money for your child? So now you don't have enough money to feed your kid etc..(in extreme case here) Who is that hurting in the end? I would say suck it up till you get a judgement.

I think a judge will question your motives if you showed him you didn't pay any child support for the past 3 months waiting for trial.