For any Calgary family law expert,
the law of the land is fairly clear – most of the time. Sometimes, though,
interesting verdicts arise that might challenge the morality of intellectual
validity of a decision that is being made. For example, many Calgary family law
firms are clear on the matter of how child support works; it’s more or less in
black and white how such rulings will work.
What, though, if one member of the
soon to be finished marriage claims to have been tricked?
“I thought she was taking
contraceptives!” is an uncommon but valid thing to hear in the courtroom. Is it
valid enough to get you off with having to pay child support, however?
Comically, though, many men who are
caught in this situation – not wanting a child but ending up with one anyway –
took no steps to prevent such an issue themselves. If you never went for a vasectomy
or have proof that you cannot produce, then… well...sorry.
Simply being ‘tricked’ is not enough
to get you off with child support; even the best Calgary family lawyers will
not be able to help you with that.
Taking the ‘lie’ in good faith is
nowhere near good enough to avoid you having to pay child support. Even if the
mother claims to be incapable of conceiving or claims to be using
contraceptive, it is still not enough. All Family Law Firms Calgary has to
offer you will find it hard to win that kind of battle – simply being found out
to have believed someone who was not telling the truth, without any kind of
clear proof to back up the deceit, is not enough.
While previous cases of men arguing
for what is known as “non-pathological harm” in that they were forced into
being a father at a time not of their choosing, it’s still not enough to avoid
having to pay child support. Since family law differs from most other forms of
law, there is no legal precedent that exists where a case has been won by a father
that allowed them to escape child support purely because they were “careless”.
As such, any fathers who are serious
about making sure they can battle a child support claim will need to show that
they made a clear effort to avoid being able to conceive a child first. You
might not have wanted the child now – but it still happened. Unless you can
prove that you literally cannot have children, then the chances of escaping
child support – even if you never ‘asked’ for the child or ‘believed’ the
mother – are very slim indeed.
For more detail Visit Top Family lawyer in Vancouver.
