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Anonymous Asked:

Hello Sir/Mam,
I just want to share problem of my sister.My sis came to canada four years ago by marrying her husband.She has a baby girl who is 4 years old now. after some time her family started abusing her very badly and my sister filed police complaint against them but she was emotionally attached because of Indian culture.but after some time her husband through some mutual family relatives asked my sister to get her complaint back he will never do this again he will keep her happy and also tried to convince her emotionally because my sister want a bright future for baby girl and then my sister took case back from the court might be she said to court that he is not bad or something like that. After some time when her husband smartly get him out from the case then he again started abusing her and he told my sister lets move from here we will start a new life then they moved to fort mcmurry (alberta) from edmonton Canada and her husband lived with her one day and then he left her and her babygirl in an apartment without telling her. when he not came back home for 3 days my sister called police like he did like this with me and police said we cant do anything because he didn't harm you. then my sister came to toronto because i was there on student visa then she started a new life with her baby and applied for welfare and child support. she got her child custody but no child support from her husband because her husband might be didnt filing tax for almost 2 and half years. so my sister is now very stressed. she is worried about her baby girl.i am also temporary foreign worker in canada so i am alone not enough to help her.please give some legal advice so that she can seek some help from respected law.
Thanks for reading this.i shall be very thankful to you.

Expert Comment:

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Child support is mandatory pursuant to the Child Support Guidelines. As such, the father is required to pay child support. If he has not filed his income tax returns then the Court has the power to impute income to him, meaning that the Court can decide that he is earning a certain amount of money based on the evidence provided by you, notwithstanding the fact that he has not filed his tax returns.

Your sister now lives in Toronto. As such, the Court Application can be commenced in Ontario, notwithstanding that the father lives in Alberta. This is because the habitual residence of the child determines where the proper jurisdiction shall be. What this means is that as your sister and the child now reside in Ontario she can obtain a Court Order against the father in Ontario. The Court Order can then be registered with the Family Responsibility Office in Ontario. They will then contact their companion body in Alberta so that the Court Order is enforced for your sister for free in Alberta. If the father does not pay the ordered child support then enforcement steps can be taken against him; examples being the suspension of his driver’s license, the cancellation of his passport, and in extreme cases jail. As such, your sister should be commencing a Court Application in Ontario. If she wishes to have a free consultation with me she is welcome to telephone me at 905-451-3222.

(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 Andrew Kania for a free consultation).

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