By Jamie Mookerjea (1-min read)
Sometimes payors don’t want to pay child support; they will say they can’t “afford” to pay.
As a Family Law lawyer, I immediately study the payor’s Financial Statement. The statement provides a “wealth” of information on lifestyle choices and spending habits. In the past, the courts didn’t enforce child support from payors on Ontario Works or Ontario Disability Support Program.
Such payors got a “free pass”, with the rationale that they were low income they couldn’t afford to pay support. The tides are turning for payors stating they can’t afford to pay support. The court is looking at lifestyle choices and spending habits found in the payor’s Financial Statement. In the case, K.A.L. v. P.K.O., 2018 ONCJ 921, the payor, on ODSP claimed he couldn’t pay support.
Justice Paul noted the payor spent a great deal on alcohol and tobacco.
Justice Paul stated he was choosing his lifestyle over his children’s well being, and ordered child support despite only an annual income of $13,812.00. In short, payor’s must put their children’s best interest first even if it means pulling in their proverbial belt.
You can read more about the case here: http://canlii.ca/t/hwx8t