Payor parents, beware: no matter how old your “children” are, the door is not closed on unpaid child support.  In the recent decision of Michel v Graydon, the Supreme Court of Canada ordered a British Columbia father to pay $23,000.00 in retroactive child support for his 29-year-old daughter.  The Court ruled that unmet child support obligations are a valid debt that must be paid, similar to any other financial obligation, regardless of the “child’s” age.  The Court sought to eliminate any notion that payors are immune from their child support obligations once their children reach a certain age/independence.  In other words, payor parents must be held accountable for child support obligations they may have neglected – as the Court put it, “the courtroom doors should not be closed because certain categories of debt owed to children are classified as coming too late.”

The Court acknowledged that any prevention of receiving retroactive child support disproportionately burdens women as caregivers.  Allowing recipient parents to make claims for historical child support serves the best interests of children and also promotes equality and access to justice for everyone.

Although this case involves particular legal nuances that impact how it applies in varying circumstances, the take-home message is clear: payor parents will no longer profit from avoidance or deceit.

If you have questions about child support obligations that may be unmet by you or your former spouse, please contact us.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.

For more information and resources regarding McKercher LLP Family Law Saskatchewan visit www.mckercher.ca/familylawsask