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Old 01-23-2011, 10:28 PM
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Default Child Support

I currently live in BC and have a question about child support. I have been in a common law relationship for 14 years. I had a 3 year old son from a previous relationship when we started dating. My sons father paid child support the whole time I was in my common law relationship until November when he was killed in a work related accident. My son now receives a cheque from Work Safe BC every month as compensation for his fathers death. One month after the death of my sons father, I caught my common law partner having an affair and threw him out of our house. Is my common law partner still required to pay child support to his step son even though my son receives money from Work Safe BC??
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Old 01-24-2011, 10:46 AM
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not automatically. You would have to prove that he acted as a parent.

But if your are recieiving a significant amount from work safe BC to cover all your child's costs (which I suspect you are) then asking him to pay for someone else's child seems vindictive.

why do you think he should pay?
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Old 01-24-2011, 11:26 AM
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Your child is 17 years old now, and unless he is planning on continuing his education past highschool, then CS will be a moot point when he turns 18.

Your ex will definitely argue that his biological father was financially responsible for the child, and that the death benefits continue to provide for his necessities.

IMHO you have a weak legal argument for CS.

If your ex and and your son were close, you should focus on maintaining that relationship for your son, which is infinitely more important than any money you could take from him.
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Old 01-24-2011, 01:35 PM
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Hmmm...so many things to say. Firdt of all, my sons father only paid $200 a month for child support, my sons step father did support us over the 14 years that we were together, we all lived as a family and this man raised my son as his own, so why should his obligation change now that there is money coming in from another source. My son is planning on continuing his education and has already been accepted into a school to do so.
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Old 01-24-2011, 01:37 PM
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He raised this boy as his own. He taught him to ride a bike, to skate, took him to hockey, went to parent teacher interviews. His biological father was around once a year, that's it. He was his father.
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Old 01-24-2011, 02:06 PM
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Is your child pursuing a post-secondary education?

How much does your ex earn?

How much do you earn?

Are you still willing to encourage your son's relationship with his stepfather?

Does your ex still see the boy?

Do you feel you need to continue the CS to maintain a lifestyle to which the child became accustomed?

Are you totally pissed off with him and getting CS will be a measure of revenge?

Answers to ALL questions please.
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Old 01-24-2011, 02:08 PM
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He may be obligated to pay c/s, but there is no guarantee.

IMO you have one person responsible paying for the child, trying to get another person is effectively double-dipping.
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Old 01-24-2011, 04:25 PM
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My child has already been accepted into a post secondary school
My ex earns 80,000
I am a seasonal worker and earn about 10,000
My son right now wants no relationship because of the affair....that's his decision, not mine.
The CS would be to help pay for his schooling/housing costs etc
Of course I am pissed but that is not why I am seeking CS...
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Old 01-24-2011, 04:29 PM
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Double dipping???? This man has supported my boy for 14 years while I received CS...so what's the difference?? Just because his biological father has died and the monthly amount has changed shouldn't take away from the facts...he has raised this boy and supported this boy since he was 3years old. If he didn't have an affair and we were still together he would still be supporting him now, even with the monthly cheque!
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Old 01-24-2011, 05:03 PM
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You didn't answer the question about whether YOU are willing to encourage a relationship b/w your boy and your ex so....

He raised him as his own and and acted like a parent. But that's for CS only.

How convenient for you that you boy now doesn't want to see him. I guess his adultery is grounds for terminating the boy's relationship with his evil step-dad.

You want the benefits of CS after throwing him out of the house for screwing around on you. But I'm sure your content to let the relationship b/w him and you kid wither away due to his adultery.

I bet that guy who raised him since he was three is going to be only too happy to pay for his step-son and not get to see him.

Did you try and shield the child from these adult problems? Or did you make damn sure your kid knew what a shit your ex was as soon as you found out so that the child could come to his own rational conclusion?

Did you try and get some counselling to address your relationship problems? Or did you jump off the deep end and participate in the break up of your family?

You let your adult problems become your kid's problem by giving him the boot and now you want him to support your kid. How about going out and getting a real job that earns more than your summer gig? If you think that making $10K/year is going to fly you are in for a rude awakening. Time to get a job.

This one stinks to high Hell.

Last edited by dadtotheend; 01-24-2011 at 05:09 PM.
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