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Deadbeat Dad

A father who ignores a Court order to pay child support.

A slang term, which was regretably coined gender-specific, as persons who do not pay child support are just as readily "moms" as they might be "dads".

In Lavoie v Williams, Alberta judge Rooke opined that the case before the court, regading the defendant Steven Wills, was:

"... about a '21st Century Deadbeat Dad', attempting to use the support system under the (Child Support) Guidelines to avoid justice to his ex-spouse and children, while making unreasonable claims for his own rights.

"The slang term 'deadbeat dad' has been used in the media and by the public for some time for fathers who do not obey court orders for payments of support for children. In this context, Mr. represents a different form of 'deadbeat dad'.

"Many so-called 'deadbeat dads' are those who not only fail to follow court orders, but abandon their children, leave the jurisdiction or otherwise fail to take care of their responsibilities. There is no excuse for their conduct.

"This 'deadbeat dad' is one who stayed in the jurisdiction and purported to be interested in the children, but: notwithstanding an ability to do so (as I find herein), never paid a dime to the basic support of necessities his children; sought access in excess of 40% of the time to minimize his risk of paying full maintenance; lavished extracurricular activities on them that Ms. could not afford; and, in general, aided by his fraud, used the domestic law system, and it frailities, to create injustice for Ms. and the children."

"Not only did Mr. never voluntarily paid any maintenance; he failed to obey every court order for maintenance that has been directed. Additionally, hiding behind his dishonest and fraudulent accounting information...., conned one of our Court's justices into giving him a two-year child maintenance holiday. But even that was on condition that he paid the arrears which he still refused, or failed, to pay."


REFERENCES:

Lavoie v Williams 2000 ABQB 1014, published at canlii.org/en/ab/abqb/doc/2000/2000abqb1014/2000abqb1014.html


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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