Child support if unemployed? (we live in Ontario, Canada)

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Old Jul 25th, 2011, 11:11 PM   #1
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Default Child support if unemployed? (we live in Ontario, Canada)

How does the law work when a parent does not have a job?

There is no child support order set yet, but I would like to get one in place. However, my 3 yr old's father does not have a job-states he can't find one in NC? I've used the Ontario child support calculator (we live in Ontario, Canada), but it appears based on income.....what if there's no income?
Thank you!
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Old Jul 25th, 2011, 11:38 PM   #2
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Default Re: Child support if unemployed? (we live in Ontario, Canada)

First of all let me remind you that both parents have equal rights on their children. From the facts it is understood that the father is unemployed. Though he is unemployed, his liability to pay child support will not cease. As a biological father he is bound to pay child support for the betterment of his child. In unemployment or under employment cases the courts will consider what is reasonable in the circumstances. The factors to be considered are the person's age, education, experience, skills, health, availability of job opportunities, the number of hours that could be worked in light of the parent's overall obligations including educational demands and the hourly rate that the parent could reasonably be expected to obtain. It is better advised that you may consult with a Family Law Attorney who can give a proper guidance in this regard.
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Old Jul 26th, 2011, 11:56 AM   #3
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Default Re: Child support if unemployed? (we live in Ontario, Canada)

Quote:
Originally Posted by monicagrn View Post
How does the law work when a parent does not have a job?

There is no child support order set yet, but I would like to get one in place. However, my 3 yr old's father does not have a job-states he can't find one in NC? I've used the Ontario child support calculator (we live in Ontario, Canada), but it appears based on income.....what if there's no income?
Thank you!
I can second that the jobs in NC are limited if any at all. You are lucky if you can find a job digging a ditch with or without a college degree. No one is hiring anywhere. He can go to social services and TRY to get some type of job placement, but with the economy here as bad as it is, it is highly doubtful he will find anything soon. Many people here are having a hard time finding any means of income.

Should he get lucky and find a job, child support would be based on his income, your income, and the needs of the child.

Good luck!

Last edited by spunky; Jul 26th, 2011 at 11:57 AM. Reason: left out a word
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Old Jul 26th, 2011, 01:47 PM   #4
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Default Re: Child support if unemployed? (we live in Ontario, Canada)

If you and the child are in Canada, it will be difficult to get a support order out of the father if he is residing in North Carolina. The Canadian court would have no jurisdiction over him unless he travels to Canada and is served there or voluntarily submits to the jurisdiction of the Canadian court.

You may check this out with Canadian counsel, but I think the answer will be the same.
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