B.C. woman loses child support funds based on family law rules

On behalf of Peterson Stark Scott posted in Family Law on August 15, 2017.

A woman whose husband is not the father of her son will not be getting child support from him. Apparently, the woman kept the parentage of her son a secret from her spouse. In this unusual family law situation, a British Columbia judge said that when the child was born, there was no doubt the woman’s husband believed he was the father, and his name was listed on the birth certificate.

However, a paternity test a year after the couple separated showed conclusively that the husband was definitely not the child’s father. The child was already four years old at the time of the test. The couple was living in Ontario during the separation, and the woman sought no child support. However, an Ontario judge told her that child support did not necessarily hinge upon paternity. But the woman moved to British Columbia after that.

Apparently, after the woman’s move to B.C., her husband didn’t hear from her until she filed for child support through the B.C. courts. She claimed her former husband continued to act as a father to the child. The man said he hadn’t had any contact with the child since a couple months after the separation — a claim which the B.C. judge supported.

The judge said it would not be fair to the man to have him obligated to provide support for the child. Family law issues can be complex in British Columbia. Parties who are separating will get the proper legal advice from an experienced family law lawyer. Such a lawyer will be able to provide guidance and information on issues like child support.

Source: Vancouver Sun, “B.C. woman who deceived husband loses bid for child support“, Leigh Prather, Accessed on Aug. 4, 2017

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