Court Challenge to Child Support Claw Back
Child support for children with disabled or low income parents is currently diverted to the government instead of to the children. BC ended the practice on September 1, 2015. This court challenge seeks a similar change in Ontario.
Ottawa, Canada, September 4, 2015 (Newswire.com) - Human rights lawyer Eric Letts has filed a class proceeding on behalf of all Ontarians who are subject to a court order assigning child support payments to the Ontario Ministry of Community and Social Services. The application is brought against the Ministry of Community and Social Services.
The plaintiff in the lawsuit is Ottawa parent Anupam Kakkar. Mr. Kakkar’s child support was assigned to the Ministry of Community and Social Services because the mother of his children has been on long term social assistance. When child support is assigned, the Ministry, instead of the children, benefit.
"Raising children is costly for all parents," stated Anupam Kakkar, a representative parent for the proposed class. "As a result of the assignment of child support payments, children who are already 'at-risk' suffer more because parents have less money to pay for their children's food, clothes, daycare, sports and other normal expenses."
Eric Letts, Lawyer
Mr. Kakkar has had to make these payments to the Ministry while at the same time financially supporting his children like all parents. The extra payments to the Ministry are financially unbearable. Mr. Kakkar is seeking human rights remedies and the return of these child support payments to the parents and children.
The allegations in the class action include that the human rights (the dignity, equality and security) of thousands of Ontarians were violated by the diversion of child support from parents and children to the Ministry.
As of September 1, 2015 the Province of British Columbia ended a similar practice. Children in Ontario with parents who live separately should not have their family resources diverted to the Ministry. Such practices are archaic; designed to stigmatize unwed parents and punish children based upon their family status.
Parents or adult children who are the subject of an assigned Ontario child support Order are encouraged to contact Eric Letts. Further information available at LettsLaw.ca/childsupport.
Media contact:
Eric Letts eric@lettslaw.ca