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File now with the courts on paternity; pro bono.



Dear Tuma:

The father of my child is contesting paternity The state or condition of a father; the relationship of a father.

English and U.S. Common Law have recognized the importance of establishing the paternity of children.
 despite having done two DNA tests DNA test nDNS-Test m , which concluded that he is 99.97 per cent likely the father. The maintenance he pays is $220 per month and this is only for the school year. There is no court order in place. He is very wealthy and recently retired. I cannot afford a lawyer and do not qualify for legal aid. My son is 17 and is in Grade 12. What can I do?

[ILLUSTRATION OMITTED]

Tired of paying all the bills

Dear Tired:

The first thing you should do is to contact a family lawyer. You may be able to recoup the cost by having the court order that he pays for your legal costs in trying to obtain child support. If he is still denying that your son is his, provide the court with the results of the DNA testing DNA testing
Analysis of DNA (the genetic component of cells) in order to determine changes in genes that may indicate a specific disorder.

Mentioned in: Acoustic Neuroma, Retinoblastoma, Von Willebrand Disease
 and ask for a finding of paternity. This is important for the future in the event your son is left out of his father's will.

If you cannot afford a lawyer, you can see if your local law school has a student clinic that can help. You can also go to the family court to ask for help in starting an action for child support. Many of the family courts have staff that can help you or refer you to a program that can help, such as family mediation. Most provinces have a Native court-worker program and they may be able to help. If you are on social assistance, your social assistance office can help you with obtaining child support.

Upon starting the action, the payor will be required to bring proof of his income to court (tax returns, pay stubs stubs

The shares of equity in a firm that is financed almost completely with debt. Stubs are often created when firms go through a leveraged buyout or pay big cash dividends in order to fend off a takeover.
, pension stubs, investment income, etc). This income will be used to compute the amount of child support she or he will have to pay according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the federal Child Support Guidelines (or the provincial ones if your province has a set). If the income is tax exempt, such as a status Indian status Indian
n. Canadian
A federally registered member of a band or First Nation, having special status under Canadian law. See Usage Note at First Nation.
 working on a reserve, the court may impute impute v. 1) to attach to a person responsibility (and therefore financial liability) for acts or injuries to another, because of a particular relationship, such as mother to child, guardian to ward, employer to employee, or business associates.  a higher amount because the child support tables are based on taxable income Under the federal tax law, gross income reduced by adjustments and allowable deductions. It is the income against which tax rates are applied to compute an individual or entity's tax liability. The essence of taxable income is the accrual of some gain, profit, or benefit to a taxpayer. .

Each province has a maintenance enforcement program that the payor will be enrolled in when the program receives the order from the court. The payor will then pay to the program each month and the program will send you a cheque each month. You will not have to chase him or her again. If the payor does not pay, there are consequences such as not being able to renew his driver's licence driver's licence
Noun

Canad & Austral an official document authorizing a person to drive a motor vehicle also called (in Britain and certain other countries): (driving licence)

Noun 1.
, garnishment garnishment, in law, means of requiring a third party who holds a debt (including wages) due a defendant to retain the property temporarily. The garnishment consists of a warning, in the form of a judgment, to the third party, called the garnishee, not to deliver the  of pensions, wages, etc.

Finally, do not wait to do this. The payor will no longer be responsible for child support once your son reaches 19 unless he is in university; then the payor will be responsible until your son turns 24.

Dear Tuma:

My brother is married to a non-Native and his children are "status Indians." But someone told me that his kids would be status until they turn 18 or 21. Will my niece lose her status if she marries a non-Native? What about his sons? What if they marry Natives? Are they considered Bill C-31?

Worried Auntie

Dear Worried:

The legal definition of an Indian is someone who is registered or eligible to be registered under section 6(1) or 6(2) of the Indian Act The Indian Act ("An Act respecting Indians"), R.S., 1985, c. I-5, is Canadian statute that concerns registered Indians (that is, First Nations peoples of Canada), their bands, and the system of Indian reserves. . Your nieces and nephews are probably registered as status Indians under section 6(2) of the Indian Act. They will not lose their status once they reach the age of majority, but what may be the case is that your band has a membership code.

Under your band's membership code, 6(1)s will be registered as status Indians and be given band membership; 6(2)s will be registered as status Indians, but not be given band membership.

If a 6(2) marries a non-Native, that person does not lose their "Indian status," but may not be able to have their children registered as status Indians. Thus, your grandnieces or grandnephews will not be considered

status Indians nor will they have band membership.

If a 6(2) marries a 6(1), then the children may be eligible to be registered under 6(2), but not be given band membership. If a 6(2) marries another 6(2), then the children may not be eligible for Indian status or band membership.

Also, if your niece has a child, she will have to name the father and if she doesn't, the father is presumed to be white resulting in the child being registered as 6(2). The registration application has to be posted and anyone can contest the registration of a child to a band. Can you imagine someone saying, 'so and so is not the father. It is so and so.' The fur will really fly then.

Confused yet? I will not even try to explain what may happen should your niece or nephew marry someone from another band and that band has a different membership code than yours, let alone marry a tribal member from a tribe in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. .

This column is not intended to provide legal advice, but rather highlight situations where you should consult with a lawyer. Tuma Young is currently studing for a Ph.D in law at the University of British Columbia Locations
Vancouver
The Vancouver campus is located at Point Grey, a twenty-minute drive from downtown Vancouver. It is near several beaches and has views of the North Shore mountains. The 7.
, and questions should be sent to puoin@telus.net.
COPYRIGHT 2003 Aboriginal Multi-Media Society of Alberta (AMMSA)
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003 Gale, Cengage Learning. All rights reserved.

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Article Details
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Title Annotation:Strictly Speaking
Author:Young, Tuma
Publication:Wind Speaker
Article Type:Column
Geographic Code:1CANA
Date:Nov 1, 2003
Words:905
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