By John T. Syrtash, Associate, Garfin Zeidenberg LLP, a Toronto family law lawyer for the past 39 years.
Question: Can I claim child support from the biological father? I just found out that I am not my 10-year-old son’s biological father. My son’s biological father earns over 150K. My wife was his secretary, and she continued to work for him while visibly pregnant and then went on maternity leave while still employed by him. Also, the child was born with a heart defect and had to be checked yearly by a specialist, and he will need an operation before he reaches 30. Can I claim back child support from the biological father (and perhaps from my wife) for the ten years that they deceived me?
Answer: What the Ontario Family Court Judge will decide – NO. The money was for the child’s benefit, and you acted as his surrogate parent for the last ten years, so the Court will not care that you were deceived or that your son is not your biological child. The child considers you his father, and he depended on you for his care and welfare for ten years. That is all that a Family Court Judge will care about.
John Syrtash is an associate and family law lawyer with the Toronto firm of GARFIN ZEIDENBERG LLP.
John T. Syrtash B.A. (Hon.) LL. background:
Invited Speaker on Bill 78, Proposed Changes to Canada’s
Divorce Act, House of Commons Standing Committee on Justice and Human Rights (November
Editor of the Syrtash Family Law Newsletter, Lexis Nexis
President of the Syrtash Spousal Support Database
Author of Religion and Culture in Canadian Family Law, Butterworths
Author A Calendar of Northern Fables, Amazon
Neither GARFIN ZEIDENBERG LLP nor John Syrtash is liable for any consequences arising from anyone’s reliance on this material, presented as general information and not as a legal opinion.
John T. Syrtash,
GARFIN ZEIDENBERG LLP
5255 Yonge Street, Suite 800
Toronto, Ontario, Canada M2N 6P4
Cell: (416) 886-0359
Fax: (416) 512-9992
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