Child Support Orders Cannot Last Forever

D. and his wife separated, and an interim court order for child support was obtained. They eventually fell out of contact until, about ten years later, their daughter decided to leave her mother’s care.

D. made sure his daughter had a place to stay with him whenever she wanted to, and helped provide her with everything she needed. But her mother continued to collect child support, and refused to reimburse D. or provide any support for times when he was solely parenting their child.

It was at this point that D. reached out to the Oakville Staff Office for help, and was quickly told that a new court order was required.

Not surprisingly, because the court order was ten years old, there were many issues to resolve concerning who owed money to whom. For example, D.’s salary had increased over the past ten years, which may have entitled the mother to increased child support, if she had sought it.

Making things more difficult was the fact that D.’s former spouse did not have a lawyer and, like many self-represented litigants, she caused delays, arguing about legal issues that were no longer relevant or open for discussion. She was also determined to have D. pay almost $50,000., but provided only piecemeal details as to why he owed such a high amount, on short notice immediately before each scheduled court date.

After multiple pre-trial court appearances, in which the parties came close to a settlement, the matter was scheduled for trial.

Three days before the trial, D. and his lawyer from the Oakville office attended a final Court Conference, for one last attempt to settle the matter. With the help of a Dispute Resolution Officer, a final settlement was obtained, for less than half of what D.’s former spouse was seeking.

But for the Plan benefit, would D. have waited a lot longer to seek help, and found himself with ongoing support issues hanging over his head, maybe even well into his retirement?

Submitted by Peter Kazman,
Managing Lawyer,
Oakville Office
April 15.2025