Accountability and shared responsibilities for children involved

Your question focuses on the children and financial support. Accordingly, I will address custody/access, child support/spousal support. The legal test for custody/access is the best interest of the child. I would need further facts from you; however my initial impression is that it would be better for the children if they lived with your sister. Assuming that the children live with her at least 61% of the time then the father is required to pay 100% of the required table child support. However, in order for him to pay table child support he must earn an income. If he does not earn an income then we would have to obtain an Order from a Judge imputing income to him on the basis of his being intentionally under or unemployed. I would need to speak with your sister and obtain further facts before providing any further analysis on these issues.

The same analysis applies to spousal support. If he is truly unable to work then, as a matter of theory, your sister may owe him spousal support. Thus, imputing income to him is likely important, so as to obtain child support from him and avoid spousal support. Of course, these are preliminary comments and as indicated above I need to speak with your sister prior to providing actual guidance. She is welcome to call me at 877-668-9386 for a free consultation. If she agrees, you are welcome to participate at the same time.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).