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 •


Ontario parents who do not pay child support could be taking the bus this winter

A new law goes into effect on December 1st allowing for the removal of vehicles from people who commit certain offences. The punishment is expected for the majority of the offences, including driving with a suspended licence, driving with high blood-alcohol levels or not using court-mandated in-car breathalyzers.

However, people who fail to meet their child support obligations will now be treated the same as people driving while intoxicated: their car can be taken away.

While this punishment might make some people think twice about skipping a child support payment, there are sometimes legitimate reasons for falling behind. A divorced dads advocacy group founder commented in the National Post on the new law this week saying that, “There seems to be an idea that these parents don’t care or are hiding and they have all this money. It’s the exact opposite.”

In some cases the courts can be slow at recognizing changes in income or job situations, and parents might not be able to make those payments. As well, taking their car away can result in a chain reaction of not being able to get to work, not being able to make any money and not being able to make support payments.

Currently, a person who doesn’t pay their child support can have their licence suspended. As of December 1st, people who do not pay child support and have their licence suspended and are caught driving will lose their car for a week.

Another very important issue with this new law is that drivers are informed their licence is suspended by mail, meaning they could be driving while being completely unaware their licence is suspended and have their car taken; unable to get to work and make future payments.

Those who do not or cannot pay their child support may be in for a long, cold winter this year. If you have recently lost your job or have a reduced income, you may be facing problems in the future, and it would be wise to talk to a family lawyer.

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By heather - Last updated: Saturday, November 13, 2010
Filed in Child Support, Enforcement, Provincial legislation, Support Orders •


Process serving moves online in Ontario?

A judge in Ontario recently allowed a woman to serve her child’s father with a paternity action over Facebook, and has said that it would be wise for more people in the province to use more creative methods like online process serving.

The woman could not find the father’s address in order to have him served traditionally, but was able to find him on Facebook. She sent him a message on Facebook with documents attached, to which he replied. According to the judge, this reply was enough evidence to consider him served effectively. Texting via Blackberry and e-mail are also acceptable options according to Ontario Superior Court Justice Cheryl Robertson in a paper she presented at the 1000 Islands Legal Conference this month.

 

“In a province where, for reasons of money and time, the judicial system is increasingly out of reach for money, e-service can be a useful and viable alternative,” she said. “It will be foreign for some, and some will be uncomfortable using these electronic servers, but with time their advantages will likely win over even the greatest of skeptics.”

 

In most cases, people draft an application to start a family law proceeding (usually with the help of a family lawyer), after which it must be served to upon the opposing party. Many times the person being served is not on good terms with the applicant, so a process server is hired. When people suspect there is an attempt to serve them, for example to obtain child support or spousal support payments, they become anxious and may avoid being served. Using online methods may allow these issues to work through the courts faster without unnecessary delays from litigants avoiding being served.

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By heather - Last updated: Monday, October 25, 2010
Filed in Child Custody in Ontario, Child Support, Child Visitation, Process server, Service of documents, child custody •


Toronto mediation vs. collaborative law

”How long?” and “how much?” are two questions that are often at the forefront of any divorce-oriented thought process, particularly when separating spouses attempt to resolve such issues as property division, child custody, and support. While the financial cost of finalizing a divorce depends on a great number of variables, the emotional costs during a hotly contested dispute can be great, taking its toll on both the parents and the children.

Mediation and collaborative law are two methods of finalizing a divorce without litigation. Mediation involves using a mediator, usually someone with a background in social work, to act as a negotiator between the opposing spouses in order to resolve the outstanding issues.  The parties’ respective lawyers are involved in the mediation process and can opt to amend a mediator’s recommendations or the parties’ themselves can make changes to a recommendation.

In contrast, collaborative law involves the separating spouses and their respective lawyers, who are all active participants in the negotiation of the matrimonial issues.  Should any of the issues related to the divorce fail to become finalized, the collaborative lawyers are prohibited from representing the spouses in court. Collaborative law is less expensive and time-consuming than litigation.

 

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By heather - Last updated: Sunday, August 29, 2010
Filed in Child Custody in Ontario, Child Support, Collaborative Law, Divorce, Family Property Division, Separation Agreements, Spousal Support, Support Orders, child custody •


BC continues to improve its family law rules, will Ontario be next?

British Columbia recently announced that the province is set to propose additional rights for common-law couples, and is also continuing to announce different amendments it plans to enact pursuant to its Family Relations Act.

Property and asset division rules for common-law couples were part of the major changes in B.C. These changes are necessary as there have been a growing number of couples that are choosing not to marry but to remain common-law relationships and, upon separation, if not on title, may not have any rights to the family property.

Other changes to the Act include the introduction of “parenting co-ordinators” during heated child custody cases. In addition, it will now be possible for a child to have more than two legal parents, which will be the first change of its kind in the whole country. This would be the case, for example, when a same-sex male couple has used a surrogate female to have a child and all three would be legal parents if they’re in agreement. The same could be said for a same-sex female couple and a male sperm donor, if all three are active parents of a child.

Spousal support will be able to continue after a paying ex-spouse’s death, if applicable.

Restraining orders available through the court would now be protection orders that are enforceable under the Criminal Code.

As well, parties intending to go to court over property and child custody disputes will need to first show an attempt to negotiate a settlement through the use of out-of-court methods such as mediation.

It’s been 30 years since British Columbia has made any changes to its Family Relations Act.  The recent changes will update the Act to deal with the evolving family structure to include common-law couples, same-sex couples as well as surrogacy and sperm donors.

 

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By heather - Last updated: Sunday, August 15, 2010
Filed in Child Support, Child Visitation, Common Law Marriage, Divorce, Family Property Division, Mediation, Same Sex Marriage, Separation Agreements, Support Orders •


How much do you know about your spouse’s financials?

In Ontario, upon the breakdown of a marriage, spouses are required to provide financial disclosure, including income, assets, and liabilities, to one another to determine their support and property entitlements.  According to a recent article published in the Edmonton Sun, spouses’ hiding debt, credit cards and other hefty financial information is not uncommon. 

“In my experience, it’s probably more common than not that a spouse doesn’t know every financial detail,” Edmonton family mediator and collaborative family lawyer Marla Miller told the QMI Agency this week.  The head of the family law section of the Canadian Bar Association, Grant Gold, also told QMI Agency that, “It happens more often than you would think – that people run separate financial lives,” he said, “It’s relatively common. It speaks to problems in the marriage, and it speaks to the need for couples to communicate in advance and things like that.”

While a person interviewed in the article suggested it might be a good idea that a spouse be required to seek permission from the other spouse in order to obtain a loan or credit card, this suggestion might return society back to the era when a wife had to ask her husband’s permission to obtain a credit card.

Instead, spouses should learn to protect themselves.

In the event of a split, spouses should make a list of the family sources of income, assets, debts, and liabilities, including car loans, the mortgage, lines of credit and credit cards as well as which spouse incurred the debt.  Also, maintain copy of bank and credit card statements, income tax information, employment contracts, and loan agreements.  Take the necessary steps to protect yourself and your future.

http://www.edmontonsun.com/comment/columnists/mindelle_jacobs/2010/07/28/14853026.html

 

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By heather - Last updated: Tuesday, August 3, 2010
Filed in Child Support, Divorce, Family Property Division, Spousal Support •


More Ontario residents choosing out-of-court methods to resolve family law issues

According to a number of Ontario lawyers and professional mediators, an increasing number Ontario residents are taking their family law cases to alternative dispute resolution, including mediation and collaborative law. Alternative dispute resolution is a cost-effective alternative to the cost of litigating a family law matter in court, which is no longer within means for most people.

Alternative dispute resolution also provides a quicker resolution to a family law matter than litigation and provides parties with an opportunity to be heard and the ability to control negotiations. Parties are able to come to agreements, as opposed to having a resolution forced upon at least one party by a judge.

In mediation, a third party with special training, such as a background in social work, will assist both parties in making decisions. Lawyers are usually retained by the parties for advice in these cases, while in arbitration an arbitrator will meet with the parties’ respective lawyers. In collaborative law, parties’ lawyers will work to finalize an agreement that is acceptable for both parties, although if issues cannot be resolved the lawyers cannot be retained for any future court proceedings.

In 1999, the Ontario Mandatory Mediation Program was introduced in Toronto, Ottawa and Windsor. Mediation is an option that must now be considered in civil disputes at those locations. Mandatory mediation was not extended to family law cases because in some instances, such as domestic violence cases, mediation may not be a possibility.

In addition to its cost-effectiveness, alternative dispute resolution also removes children of separated parents from any exposure to the court process, and it enables adults, who were once children of their parents’ long, drawn out divorces, to go through their own family law dispute without lengthy litigation.

 

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By heather - Last updated: Sunday, August 1, 2010
Filed in Child Custody in Ontario, Child Support, Child Visitation, Collaborative Law, Common Law Marriage, Divorce, Divorce Lawyer, Family Property Division, Mediation, Separation Agreements, Spousal Support, Support Orders, Toronto Divorce Lawyers, Toronto Family Lawyers •


When do child support payments in Ontario end?

In many divorce cases involving a minor child, the judge renders a decision on the issues of both custody and support and typically orders that the non-custodial parent pay child support to the custodial parent for the child until a termination date. In Canada, child support payments end once the child is no longer deemed a “dependent” under the law.

For most situations, a child will be entitled to child support until 18 years of age. However, in many cases the “until-18 rule” will not apply and the child may be entitled to support beyond the “age of majority”. For instance, a child over 18 years of age is still entitled to child support if the child is a full-time student in school, even if the child has a part-time job while attending school.  The child support obligations do not end because the law assumes that full-time students are still dependents and are unable to support themselves. Along with child support, the non-custodial parent may also have an obligation to contribute to the child’s special expenses, which would include the costs associated with attending school, such as tuition.

Child support is governed by federal law and does not change from province to province, although the amounts may differ based on the cost of living for the area. In cases when the child support termination date is not specified in the support order, the support payments may continue until the child has obtained a post-secondary degree or as long as the child is in school full-time. It is also not unheard of, albeit rare, for child support to be paid even while the child completes further schooling, including a graduate degree, particularly if the educational program is required in order for the child to pursue his or her desired occupation.

To terminate the payor’s child support obligations, the payor must file a motion to change a final order with the court and have the court issue a new order ending the support payments. For payments enforced by the Family Responsibility Office, the payor can contact the government agency to inform the office of the change in circumstances and obtain consent from the support recipient to terminate the payments. 

 

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By heather - Last updated: Sunday, July 25, 2010
Filed in Child Support, Divorce, Support Orders •


Facebook Privacy Issues and Ontario Family Courts

The social networking website called Facebook is a tool to exchange information that has now made its way into the courtroom and is being used as evidence in litigation, particularly in family law disputes. In the United States, Facebook messages are commonly used in family law cases, as well as in civil and criminal cases and jury selection; while in Canada, the use of Facebook as documentary evidence is steadily on the rise.

Facebook has recently simplified its privacy settings and a user can now set his or her Facebook settings to enable only persons the user has manually added to their “friends list” with the ability to access and view the user’s on-line profile.

Another important feature within Facebook’s account privacy settings is the user’s ability to limit the information “friends” can view on the user’s profile. For instance, a user can prevent an ex-spouse or soon to be ex-spouse from viewing photos, relationship status, or wall postings.

Facebook users should be aware of a specific privacy setting that is available for ‘Applications’. Even though some users do not have the game FarmVille, or similar Facebook games uploaded to their profile, when a user’s “friend” has installed the game on their profile that game now has the capability of pulling personal Facebook information and photos from any listed “friends” of that individual. An adjustment to the privacy settings to prevent any sharing of information with an Application is recommended.

Due to the increase in the use of Facebook as documentary evidence in several recent Ontario family law court cases, Facebook users with pending court matters should not post information pertaining to the case and should also consider adjusting their privacy settings to avoid the possibility of having personal information used against them in court. 

 

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By heather - Last updated: Sunday, July 11, 2010
Filed in Child Custody in Ontario, Child Support, Child Visitation, Divorce, Spousal Support, Support Orders •