Child Support Claw-Back Court Challenge- UPDATE
In response to pending class members' input, the Child Support Claw-Back Court Challenge was amended on September 25, 2015 to include the damages to children of stepfamilies, seeking increased damages totalling $4.6 billion from the Province.
Ottawa, Canada, September 30, 2015 (Newswire.com) - In response to pending class members’ input, the Child Support Claw-Back Court Challenge was amended on September 25, 2015 to include the damages to children of stepfamilies.
Ingrained into Canada’s family support laws is the “first families first” doctrine. This prioritizes the financial entitlement of the households of first born children ahead of subsequently born children.
These stepfamilies are adversely impacted by the practice of the Ministry of Community and Social Services clawing back the child support payments of elder siblings with disabled or low income parents. The Province's treatment of children from subsequent relationships or stepfamilies is alleged to violate Ontario's Human Rights Code and the Canadian Charter of Rights and Freedoms.
Eric Letts, Human Rights Lawyer
Ottawa lawyer Eric Letts states “These stepfamilies are adversely impacted by the practice of the Ministry of Community and Social Services clawing back the child support payments of elder siblings with disabled or low income parents. The Province’s treatment of children from subsequent relationships or stepfamilies is alleged to violate Ontario’s Human Rights Code and the Canadian Charter of Rights and Freedoms."
The class-action lawsuit was amended to seek increased damages totalling $4.6 billion on behalf of Mr. Kakkar and other impacted parents and children. The court challenge is seeking to end the claw-back and compensate the victims for the “conflict, stigmatization, anguish and isolation” parents and children have endured.
Stats Canada facts:
· In 2011 there were 464,335 step families, representing 12.6% of all Canadian families comprising a couple (married and common-law) and children under the age of 25.
· Nearly one in five step family parents (18%) was unable to meet a scheduled financial obligation at least once in the past year.
Kakkar states “Current policies are harming children, the most vulnerable citizens who are in need of their families’ support. Unfortunately, family funds are being diverted to the Province.”
The expanded Court Challenge will also test the legality of certain aspects of the Divorce Act’s Federal Child Support Guidelines. The failings of the family justice system are urgent national issues.
As of September 1, 2015 the Province of British Columbia ended a similar practice and a parallel human rights challenge has been launched by single mom Myalisa L’Heureux in Alberta on September 22, 2015.
Parents or adult children whose families or stepfamilies were the subject of an assigned Ontario child support Order at any time since 1995 are encouraged to contact Eric Letts at the address below.
Media contact:
Eric Letts eric@lettslaw.ca