How does child support enforcement in Ontario compare?

Niren and Associates previously blogged about a new law (which came into effect on December 1st) that makes it possible for the cars of support payors who fall behind on their child support in Ontario to be impounded, which would in turn prevent the support payor from getting to work and making money to meet his or her monthly support obligations.  This new enforcement method may appear to be counter-productive, but those who fail to pay child support in Ontario may not be the worst off.

In Australia, parents who fell behind on their child support payments will not be traveling for the holidays. According to Australian officials, those parents will be turned away at airports on the premise that if they have the money to travel, they should be able to make support payments. A similar rule went into effect in the country last year, and resulted in $3.3 million (Australian dollars) being paid right away.

 

Child support in Ontario vs. the United States

The state of Oklahoma recently arrested their “most wanted” person who has failed to pay child support – $63,000 over 11 years. Like the provinces of Ontario and Alberta, Oklahoma has an online public database of people who fail to pay child support that includes photos and biographical information and this database helped provide authorities with the location of this man. In Ohio, authorities have begun creating posters with information and photos of those who don’t pay child support, and these posters have even been posted on pizza boxes. What’s unique about these posters is that the amounts owed are right below the photos.

Sometimes, losing a job or a receiving reduction in pay can result in a change to your child support obligation. If you are having problems paying your child support in Ontario, speak to a family lawyer.

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By heather - Last updated: Thursday, December 16, 2010
Filed in Child Support, Family Law Changes Ontario, Family Responsibility Office, Support Orders •


Wife to sue Ontario Family Responsibility Office for suicide of man who couldn’t pay child support

New Ontario child support enforcement is a Catch-22

The Government of Ontario has taken new steps to enforcing child support payments, namely the most recent: driver’s licenses can be suspended for not paying child support, and cars can now be impounded – removing the ability for payers to get to work at all to earn the money to make payments.

In late August, a London, Ontario man committed suicide by laying down on nearby train tracks. His common-law wife is planning on launching a lawsuit against the Ontario Family Responsibility Office, whom she holds responsible for his death.

The man’s ex-wife and mother of his two now-adult children (ages 18 and 21) owns a home, a car, and has a job, and the man had been paying child support since 1996. A truck driver, the man had recently become unemployed and missed two support payments, which began a downward spiral of events that prevented him from ever catching up.

License suspended for not paying child support

Work soon became available, but the man’s commercial license was suspended by the Ontario Family Responsibility Office, who demanded a $1,500 payment to reinstate the license. Without a license, he could not earn the money to get his license back and no negotiating with the Family Responsibility Office got him anywhere – not even when it was done on his behalf by an MPP or an ombudsman.

Eventually, he represented himself when the Family Responsibility Office took him to court and demanded $10,000 or almost 200 days in jail – both options that would severely impede his ability to get his license back and continue making child support payments – all for $4,000 in child support payments.

Facing child support payment problems in Ontario?

The Ontario Family Law system is notoriously slow to recognize changes in income for child support-paying parents. Now that the stakes are even higher and a missed payment can result in loss of income, consult a family lawyer to discuss your child support options.

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By heather - Last updated: Monday, December 6, 2010
Filed in Child Support, Enforcement, Family Law Changes Ontario, Family Responsibility Office, Motion to Change, Support Orders, Variation •


New and exciting alternative dispute resolution for divorcing couples?

Alternative dispute resolution instead of going to court

An article appeared in the Woodstock Sentinel-Review recently that showcased a “unique” and “different” way to resolve divorce issues.

The method? Mediation or alternative dispute resolution. It’s actually not new and it’s not unique. It is however, gaining in popularity because it puts both spouses in the “driver’s seat” and helps to reduce the backlog in the Ontario Family Court system by diverting cases that would otherwise go to court because of disagreements between the spouses. In turn, it costs the divorcing couple less money than a heated and time-consuming court battle. It can be an ideal option for divorce in almost any case, with the only real exceptions being situations where domestic abuse is involved.

 Alternative dispute resolution with an Ontario family lawyer

Another interesting point with the article was it profiled a business in London that offered mediation and alternative dispute resolution services from someone with a “background in finance” – not a family law professional. While divorce can involve complicated financial issues, it also involves aspects of Ontario family law: child custody, spousal support, division of assets, prior legally-binding arrangements like prenuptial agreements as well as the different issues that apply to common-law marriage. Who would you rather have dealing with your alternative dispute resolution?

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By heather - Last updated: Monday, December 6, 2010
Filed in Alternative dispute resolution, Current trends, Divorce, Divorce Lawyer, Mediation •