Can Back Child Support Be Claimed After Years of Non-Payment?
Child support is more than just a legal obligation but some parents miss payments over the years, leading to a situation where back child support may be owed. As a parent who’s supporting their children all by themselves, you must know that you can claim back child support, even though the process can be somewhat overwhelming. Let’s talk more.
Retroactive vs. Back Child Support
Though these terms sound similar, each term addresses a distinct situation.
Back child support refers to unpaid child support that the payer failed to provide according to a court order. In essence, it is debt that the payer owes for missed payments in the past.
Retroactive child support, on the other hand, deals with adjustments in the support amount based on changes that were not updated when they should have been. It can be because the payer’s income improved largely and wasn’t adjusted in time. The court might order them to pay a retroactive amount covering the gap between the original payments.
How Far Back Can I Claim Child Support For?
In most cases in Ontario, claiming back child support is allowed several years after non-payment. The court will look into your intent of claiming the support.
On the other hand, for retroactive child support, you can only claim for up to three years prior to the date the claim is made. You must have a proper reason for not applying sooner. If there’s evidence that you consistently attempted to seek proper payments but your ex-partner was unresponsive, courts may extend this period.
How Are Support Payments Enforced?
The Family Responsibility Office (FRO) in Ontario is responsible for enforcing child support payments. Once a support order is registered with the FRO, they can act on behalf of the parent or guardian receiving support to collect payments.
They can use a variety of methods to enforce payments, even if the payer has a history of missed or incomplete payments.
- Wage Garnishment: FRO can work with the payer’s employer to deduct the support amount directly from their wages. Usually, 30% of the payer’s paycheck will be garnished towards child support payment.
- Seizing Property: If wage garnishment does not fulfill the amount owed, the FRO can seize assets such as bank accounts, investment funds, or personal property to cover the outstanding support.
- ID Suspensions: In cases where a payer continuously fails to meet their obligations, the FRO can suspend their driver’s license, Canadian passport, or even recreational licenses (like hunting or fishing) until they arrange payment.
- Reporting to Credit Bureaus: Persistent non-payment can lead to the FRO reporting the debt to credit agencies. It directly impacts the payer’s credit score and in turn, their ability to secure loans or make big financial transactions.
- Court Actions: In extreme cases, the payer can face fines or jail time.
Making Your Case for Back Child Support
If you’re looking for ways to claim owed back child support, start by collecting evidence and records of original support orders, missed payments, and any documented attempts to contact the paying parent. You may want to hire a legal counsel who has dealt with similar issues and can advise and represent you in court.
Noori Law’s family lawyers are here to help you understand your rights and secure the support your child deserves. Contact us today for a consultation.
