Court hits dads hard.

Top court's ruling allows judges to order catch-up child support payments

By NATALIE PONA

Ottawa Sun, Ottawa, Ontario, August 1, 2006

TORONTO -- A child support ruling handed down yesterday by Canada's highest court will clog the justice system and make deadbeat dads of responsible fathers, said a man who runs a divorce support network.

In a 7-0 decision, the Supreme Court of Canada ruled judges have the power to order catch-up payments when the parent paying support -- usually the father -- doesn't stick to the rules and has no good excuse for his penny-pinching.

Deidre Smith, the lawyer for four Alberta fathers who had challenged support awards imposed on them, estimated 700,000 families could be affected by the decision.

Stacy Robb, who runs DADS Canada, a Toronto-based divorce support network for fathers, said it will turn parents who believed they had been making their full child-support payments into deadbeats.

'I'M PAID UP'

"What is going to happen is all these people who thought they had final orders actually owe money," said Robb, who started the network after his own divorce. "They're going to be sitting there thinking 'I'm paid up. This must be some kind of mistake.' "

Robb added this will unnecessarily tie up the family court system.

Family lawyer Jacqueline Peeters said the decision is Read More ..mplex. She said retroactive payments will only be applied if there is good reason, such as a payer who intentionally hid an increase in income.

The decision clarifies that child support should change with the support-payer's income, she said.

"For most people, it's going to be a simple process of sending in your tax returns and adjusting support," Peeters said.

In the cases at hand, two of the four fathers were ordered to pay retroactive awards of $22,000 and $108,000 respectively. The others were absolved based on their specific financial and legal positions.

The ruling left room for decisions in the lower courts to vary based on the specific facts of each case.

Smith said her advice to clients will be simple.

STAY UP TO DATE

"Make sure they make financial disclosure ... at the very bare minimum on an annual basis ... Don't wait for the court cases to start."

Federal law sets guidelines that tie child support to ability to pay and number of children. But people often leave old jobs and take new ones. Custody arrangements can also become outdated if children move between parents.