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How can I sue for adult child support in Canada? Husband incompetent mentally, his father provided support?

Family Law Discussion Forum

How can I sue for adult child support in Canada? Husband incompetent mentally, his father provided support?

Postby lathrop » Wed Dec 21, 2011 11:20 pm

My child was raised through my own efforts, the support of the government, and the help of my husband's father because my husband became mentally ill. I could not sue for child support at the time because my husband was declared financially incompetent and every lawyer said there was no way to do it however now the family has much more money through inheritance and upon reviewing the law see there is provision for loco parentis and also my child recently diagnosed mentally disordered
lathrop
 
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How can I sue for adult child support in Canada? Husband incompetent mentally, his father provided support?

Postby chason62 » Wed Dec 21, 2011 11:31 pm

You simply can not. Grandparents can gift you money, you can not sue them for any.
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How can I sue for adult child support in Canada? Husband incompetent mentally, his father provided support?

Postby ruddy » Wed Dec 21, 2011 11:32 pm

I would advise that you contact a lawyer first of all. Second of all, it depends on your jurisdiction. However, as far as I am aware, having practised in BC and Ontario, I do not believe that you can--I could be wrong. In fact, I think you are indeed fortunate to have rec'd child support from the paternal grandfather.

With that stated, your "child" is now an adult. Many adults have mental disorders. They are eligible for government benefits with proper medical documentation. I believe that this will be all that your adult child is entitled to. You cannot sue for this just because adult child's family is now wealthy by your determination.
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How can I sue for adult child support in Canada? Husband incompetent mentally, his father provided support?

Postby teyo » Wed Dec 21, 2011 11:35 pm

The lawyers just answered your own question. If the father is financially incompetent, that means he cannot afford to pay child support therefore, you will not get any money anyway.. duh..

Other family members have have money, but they are not going to pay child support for someone who is NOT their direct child, that's illegal anyway.

Get a job like everyone else.
teyo
 
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