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  • Child support when on disability?

    When someone is on disabilty, can it be touched for child support?

    My friend has been separated 2 years and her husband has not paid anything to help support their 3 children....the youngest has Down Syndrome. She is in the house with the kids (17, 14 & 12)....her parents own it but she pays them rent. Her husband was in an accident many, many years ago and he recently got some sort of settlement stemming from it. He has quit every small job he's had and has now gone on some kind of disability. He's living with the woman he left my friend for, has no job and the 3 cheques he DID give my friend for the kids ALL bounced (each was less than $150). Can disability money be touched or no?

    Oh, the money from the settlement....he took his girlfriend on a cruise with it.

  • #2
    molly,

    the obligation exists to support a child extends to both parents by default of the law.

    However, it would be Dependant on ones income and ability to earn same. If the individual is receiving the provincial social assistance disability, I suspect no support word be payable if this was there only source of income. If the individual is receiving a disability by way of income replacements benefits through an auto insurer, there may be sufficient income to pay child support.

    What you friend needs to do is request full financial disclosure from the individual and then she would know where she stood in regards to bringing forth a child support claim on behalf of the children.

    See the Ontario Child Support Guidelines here

    Family Law Act, Ontario REGULATION 391/97, Amended to O. Reg. 102/06CHILD SUPPORT GUIDELINES

    http://www.e-laws.gov.on.ca/DBLaws/R...h/970391_e.htm

    section 21 forward

    lv

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