But for The Plan (Child Support for Older Children)
Our client, a single Mom, had been receiving inadequate child support for over 10 years. When her two sons were at the point of going to university she finally decided to pursue their father for missed payments and for an increase in the monthly amount.
The father refused to increase child support payments. He claimed that neither son needed support because they both had part-time jobs (earning less than $6,000.00 annually). He also claimed that one child was no longer eligible for support because he left school on a couple of occasions due to his struggle with depression - a depression significantly worsened by the father involving the sons in his campaign of resistance.
It took two years and over 80 hours of lawyer time, but our client was successful. The judge ruled that child support payments for both children should be increased significantly - more than twice as much as before.
The judge also ordered the father to pay a retroactive catch-up payment of about $11,000, an additional annual amount as a contribution to post secondary school fees, and the legal “costs” of our client ( lawyer fees and disbursements).
But for the Plan, there would have been no access to justice for our client. It would never have seemed worth pursuing.
Submitted by Wendy Napier,
Managing Lawyer
Metro-Brampton Office