On behalf of Kirk Montoute LLP posted in Family Law on Friday, October 18, 2013.
A Prince Edward Island woman claims that the province’s P.E.I. Maintenance Enforcement Program has caused her child support case to be delayed for years. The woman had requested a higher amount of child support after her welder ex-husband moved and she believed he was earning a substantially higher salary than the $26,000 amount that her award had originally be based upon.
When the husband moved to Alberta in 2007, his ex-wife asked for more child support after she learned that welders in that location earned at least $100,000. She claims that department officials told her that she needed her ex-husband’s new address in order to apply for recalculation, but that she did not have it. She believed that the program would have that information since he was making support payments directly to it. The woman said that she sent letters to the program asking his whereabouts. She also said she emailed, called and faxed the program.
After three years, the woman wrote to the province’s justice minister and shortly thereafter was informed that the ex-husband’s address had been located. A hearing was subsequently conducted in Alberta, with the judge ruling that the man has to pay two years’ retroactive support based upon his current salary which is in excess of $100,000. The court order also increased his current payments.
An Alberta lawyer with experience in family law issues may be able to assist custodial parents in seeking child support. The attorney may be able to request a hearing if material changes have occurred that would affect the amount of support.
Source: CBC, “Child support review delay frustrates P.E.I. woman“, October 11, 2013
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