31 January 2009

Best of Random Answers

And now, more of my personal favourites from "Random Answers to Random Search Terms."

>> divorce for lack of sex

Unfortunately for some, a lack of sex in a marriage isn't a ground of divorce under the Divorce Act. If might be a reason for a divorce, but it's not a legal ground to end a marriage.

A lot of people think a marriage can be annulled because the marriage wasn't consummated. Not so. The case law on this subject says that simply not having had sex is not enough... one of the spouses must actually be unable to have sex, either because of a physical condition or a psychological condition.

Now, whether the marriage was consummated or not, or it's simply a matter of the couple's love life drying up, you can still get a divorce, if that's what you think would help. The Divorce Act recognizes three grounds of divorce:

1. separation for a period of not less than one year;
2. one party's adultery during the marriage; and,
3. mental or physical cruelty inflicted on one spouse by the other.

If a lack of sex has ended your marriage, then what you're probably looking for is a divorce based on separation, and that means you'll have to announce to your spouse that things are over and wait for a year to pass. In a case like this, the lack of sex might be the reason why the marriage has broken down, but the legal ground of divorce will be separation.

>> deducting clothes from child support

Short answer: no.

A person paying child support is not entitled to make deductions from the amount of support paid to account for the expenses the payor incurs on behalf of a child. The only expenses both parents must contribute to are expenses that qualify as "special expenses" within the meaning of s. 7 of the Child Support Guidelines, and those expenses are paid on top of the base amount of child support.

>> canada law bastard children

Illegitimate children, that is, children born of unmarried parents, used be at a disadvantage under the law. They had no right to use their fathers' names, they had no right of inheritance, and the father had no duty to support them. Not anymore.

Today in British Columbia, and indeed for the last several decades, there is no difference in status between children born of married parents and children born of unmarried children. None. Regardless of the circumstances of their birth, all children have the same right to support and use the name they chose. By the same token, the rights and obligations a parent has toward his or her child has nothing to do at all with the nature of the relationship he or she had with the other parent.

I'll post more favourites from the past and new Random Answers at irregular and unpredictable intervals.

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