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FRO correspondence---Response from Minister of Justice / Attorney Gerneral David Lametti

Wednesday, April 17, 2019 - ChildSupport - M B - Ontario

Dear Ms.______:

Thank you for your correspondence concerning family law. The Office of the Prime Minister has also forwarded to me a copy of your correspondence. I regret the delay in responding.

I sympathize with the difficult situations that may arise as a result of separation or divorce. I hope you will understand that, as Minister of Justice and Attorney General of Canada, I cannot comment on or otherwise become involved in a specific case. Similarly, neither departmental officials nor members of my staff are in a position to help resolve personal legal issues.

As you may be aware, family law in Canada is an area of jurisdiction that is shared between the federal, provincial, and territorial governments. The federal government is responsible for issues relating to married couples who have divorced or applied for a divorce. This includes responsibility for the child support rules found under the Divorce Act and the related Federal Child Support Guidelines. The provinces and territories are responsible for matters pertaining to unmarried or common-law couples who are separating, and to married couples who are separating but not divorcing. Accordingly, if your husband’s situation falls under provincial jurisdiction, you may wish to write to the Honourable Caroline Mulroney, Attorney General of Ontario, who is the appropriate authority in your province. Minister Mulroney can be reached at attorneygeneral@ontario.ca.

The federal guidelines are built on the principle that both parents, even if they separate or divorce, have an obligation to financially support their children based on their respective capacity to do so. This ensures that children continue to benefit from the financial means of both parents after separation, just as they would have in an intact family.

Under the Divorce Act, child support obligations generally continue as long as the child is a dependent child of the marriage. Unless provided otherwise in the court order or agreement, a child support obligation does not automatically end when a child reaches the age of majority. As such, parents may be required to financially support a child who is at or over the age of majority if the child is still dependent on the parents because of a disability, illness, or other reason. In many cases, courts recognize the pursuit of post-secondary education as a valid “other reason.”

With respect to enforcement, as you may know, each province and territory is responsible for making and enforcing child support orders and agreements through its own courts, legislation, and maintenance enforcement program. Therefore, if you have not already done so, it may be helpful for you to contact the Family Responsibility Office about an existing support order or a written support agreement. Contact information is available at http://www.mcss.gov.on.ca/en/mcss/programs/familyresponsibility/contact/index.aspx

The Department of Justice Canada website hosts a variety of resources and tools aimed at helping families through the challenges of separation and divorce. General information on family law can be found at www.justice.gc.ca/eng/fl-df/index.html. For more information on child support, you may wish to refer to the publication The Federal Child Support Guidelines: Step-by-Step at www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/guide/toc-tdm.html. It may also interest you to consult the Inventory of Government-Based Family Justice Services, a database of provincial and territorial family justice services, to search for available services in your area. The inventory can be accessed at www.justice.gc.ca/eng/fl-df/fjs-sjf/brows-fure.asp.

Given that family law can be complex, a suggestion that I can offer is for your husband to seek the advice of a family law lawyer to determine the course of action that will best serve his needs. The Law Society of Ontario operates the Law Society Referral Service, which can refer him to a lawyer or licensed paralegal who provides a 30-minute consultation free of charge. Further information about this service can be found at https://lsrs.lsuc.on.ca/lsrs

On May 22, 2018, our government introduced in the House of Commons Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, to amend federal family laws. The Bill’s objectives are to promote children’s best interests, address family violence, help reduce poverty, and improve the efficiency and accessibility of the family justice system. Along with our government’s proposal to expand Unified Family Courts, this bill demonstrates our commitment to strengthening the family justice system. More information about the Bill is available at www.justice.gc.ca/eng/csj-sjc/pl/famil/index.html

As Minister of Justice and Attorney General of Canada, it is important that I be aware of Canadians’ concerns about the family justice syst

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Wednesday, April 17, 2019
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