How will Coronavirus and COVID 19 affect child support?
You have a court order for child support from an Ontario family court. Everything was going well. You were getting your child support. Your ex was paying child support every month on time. Then the coronavirus happened and everything changed. Your ex says that he lost his job and can’t pay anymore. What are your rights? How does Covid 19 affect child support? How does coronavirus affect child support?
The answer to this question depends on the specific facts of each case. Do you have a court order or a separation agreement for child support? Has your ex actually lost his job? When does he expect to be recalled to work? Is your ex receiving employment insurance benefits? Do you need a Toronto Family Lawyer? Do you need a Toronto Divorce Lawyer?
Covid 19 and the coronavirus have certainly turned everyone’s lives upside down. People have lost jobs. Businesses are shutting down. While governments have taken steps to close non-essential businesses, deferred taxes, and offered subsidies, they have said nothing about child support.
The Ontario family law courts are currently closed to all but emergency cases. In order to obtain a change or a termination of a child support order, your ex would usually have to be able to prove that there has been a “material change in circumstances”. A reduction or loss of income would usually qualify. However, how are the Ontario family courts dealing with urgent requests to change child support given Covid 19 and coronavirus? Case law is still developing regarding what will be considered to be an “emergency”. Dire issues regarding the parties’ financial circumstances could qualify. While changes to child support are generally not going to qualify as an emergency, recent caselaw suggests a few helpful guidelines:
(1) Judges wont need convincing that Covid 19 and coronavirus are extremely serious and that meaningful precautions are required to protect children and families. They know that there is a problem. What the family courts are looking for are realistic solutions. They will be looking to see if parents have made good faith efforts to communicate; to show mutual respect; and to come up with creative and realistic proposals which demonstrate both parental insight and Covid 19 awareness. These suggestions, having been made in the context of a parenting dispute, are equally valid with respect to pressing financial issues. Costs may certainly be awarded against a parent who does not keep these principles in mind.
(2) “Urgent” or “emergency” issues in family court can include (a) requests for urgent relief relating to the safety of a parent or child (b) essential medical issues or issues relating to the wrongful removal or retention of a child, and (c) dire issues regarding the parties’ financial circumstances.
(3) In the case of Land v. Tudor, the Father was subject to a child support order. He had now lost his job. The 15 year old child had changed residences and had begun to live with the Father. The Father (who was not represented) applied to the court to terminate his child support payments but his court documents were wholly deficient. While the judge seemed to want to assist the Father, she was unable to do so as the documents failed to demonstrate urgency. The Father’s motion was therefore dismissed. The judge “strongly suggested that the Father obtain legal advice on what procedures were available and necessary at this time”.
(4) In the case of Land v. Tudor, the family court judge stated that “it is the expectation of this court at all times, but most particularly now, that parents work together to put the best plans in place for their children. This includes financial plans and arrangements where necessary to meet their children’s financial needs”. Once again, it is suggested that a parties’ failure to attempt to do so could trigger significant cost consequences when the proceeding is ultimately heard.
(5) The Family Responsibility Office (FRO) is the government agency that enforces payment of support orders. Because of Covid 19 and Coronavirus, the FRO has reduced staffing levels. Callers should expect longer than normal wait times. The FRO has stated that “support payors are expected to continue to make payments as per their court order, and if there is a change in their circumstances, they need to inform their case worker who will work with them”. Likewise, “support recipients will receive payments as the FRO receives them. If the FRO does not receive payment, they will take appropriate action to get the payments flowing”.
As mentioned above, the answer to how Coronavirus and Covid 19 affect child support is very case specific. It very well could be that your case qualifies as an “emergency” and that immediate court action is required. In order to find out how your case will be dealt with, it may be necessary to speak to a Toronto Family Lawyer or a Toronto Divorce Lawyer. We would be more than happy to assist you during this very difficult time.
Please contact us at 416-519-5552 or at info@amglaw.ca and one of our lawyers will get back to you immediately.