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Do I have pay child support if my ex is independently wealthy?

Anonymous Asked:

My ex is independently wealthy, has elected no to work for the last 2 years and has told our children that he has decided not to work for at least 2 more. As he has no employment income he is now informing me that I need to begin paying him child support. There is a distinct difference in our residence and financial situations yet because he doesn't need to work and has no employment income, I am now the higher income earned. Under these circumstances, am I obligated to pay him support?

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A Family Lawyer
10 years ago

You should ask a family law lawyer to explain section 19(1)(h) of the Child Support Guidelines, which provides that a court may impute income to a parent as considered appropriate having regard the parent deriving a significant portion of income from other sources which are exempt from taxes, and so on. The term income in case law and to family law lawyers I understood to include the person's financial means, which includes assets and wealth, and not simply limited to sources of income such as employment income. I am not able to determine whether you are specifically responsible to pay child support. However, if would be appropriate to exchange fully completed sworn Financial Statements and carefully review the information and positions of each parent. You should speak with a family law lawyer as soon as possible.

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