Calgary Sun - Wed, February 9, 2005
Court rules to hike support
EDMONTON -- Parents paying child support must
immediately increase payments if their income goes up, the
Alberta Court of Appeal has ruled. The court said the increase
cannot wait until a parent discloses the higher income to the
custodial parent or until that parent finds out about it and
demands more child support, the court said.
In cases where that was not done, increased
payments should be retroactive, the court added.
"Child support ought not to be a game of
hide-and-seek and courts should avoid imposing procedural
requirements which make it one," Justice Marina Paperny wrote
for the Appeal Court in a unanimous decision Jan. 7.
Paying parents should be required each year
to provide income information to their former partners, Paperny
Gus Sleiman of the Men's Education Support
Association the idea of being able to retroactively increase
payments, for whatever reason, smacks of unfairness.
Edmonton divorce lawyer Michael Pollock said
the decision is excellent because it plainly sets out the
responsibilities of a parent required to pay child support.
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