Calgary COVID-19 Child & Spousal Support disagreements have reached a fever pitch. Current circumstances likely mean people are earning less in many cases. What can be done under these difficult circumstances? MacLean Law handles COVID-19 Child & Spousal Support across BC and Alberta out of our 6 offices in Calgary, Northern BC, and Alberta offices, Vancouver, Surrey, Kelowna, and Richmond.
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We are now well into the second month of the COVID-19 pandemic. Across Canada, new cases continue to be reported. In Alberta, social/physical distancing restrictions are to continue at least until the end of June (if not the end of the summer). In Calgary, Stampede, the city’s biggest social and economic event, has been cancelled for the first time since it started in 1923. Peter Graburn, senior Calgary lawyer at MacLean LAw offers some ideas to help you resolve Calgary COVID-19 Child & Spousal Support disagreements.
Across the globe, the economic impact of COVID-19 has been sudden and severe: some businesses are closed; many employees have been laid off or are working reduced hours; everyone is affected financially, perhaps no-one greater than those who are supposed to pay or receive child and spousal support.
The obligation to pay child support and the entitlement to receive spousal support are basic principles of family law. These financial obligations are often set out in a Separation Agreement or filed Court Order. The Courts have made it clear that during this time of COVID-19 uncertainty (at least concerning Parenting Orders), existing arrangements should continue subject to any necessary modifications in most cases (see Ribiero v. Wright, 2020 ONSC 1829).
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But what if you have lost your job or are working reduced hours and no longer have the income to pay child or spousal support? What if you have been receiving child or spousal support and rely on those funds to meet household expenses? How do you resolve disputes with your ex-partner regarding the payment or receipt of child or spousal support during COVID-19? What happens to Calgary COVID-19 Child & Spousal Support in these difficult times?
Furthermore, to protect the public and their staff from COVID-19, most Court hearings across Canada have been suspended except for the most serious “emergency/essential and urgent” matters (ie. regarding the safety of parties and children) – it is unlikely (except in the most dire situations) that disputes regarding financial matters will be heard by the Courts for some months.
In previous articles, we discussed what you can do during this COVID-19 pandemic if you cannot afford to pay child and spousal support (COVID-19 Changing Support Payment Disputes: ) and how alternative dispute resolution processes (ie. mediation, arbitration, etc.) can be used to resolve financial disputes while the Courts are ‘closed’ (Resolving Spousal Support Disputes During COVID-19: ). But what can you do immediately to deal with this situation? Fortunately, there are a few steps that can be taken right now to resolve potential disputes regarding Calgary COVID-19 Child & Spousal Support during COVID-19, including:
● Work with your Ex – contact your ex-partner to discuss not only co-parenting arrangements but also the continued payment of child and spousal support during COVID-19. Be upfront and transparent about current incomes (ie. produce ROEs and current paystubs). Be reasonable and practical about expenses. Be realistic about accessing other sources of income (ie. savings, property, investments, etc.) to cover fixed expenses (ie. mortgage payments). If possible, try to come to a temporary agreement (in writing) about how you will both get by over the next few months until the current COVID-19 restrictions are lifted. Have your lawyers formally document this agreement by letter, Interim Agreement, or Interim Without Prejudice Consent Order (which can still be filed with the Court and registered with MEP). Try to work together for your mutual benefit (and that of your children) in this time of crisis;
● Work with MEP – whether or not you have come to an interim agreement with your ex-partner to change the current child and spousal support payment arrangements, contact your local Maintenance Enforcement Agency (MEP) to advise them of your current situation. It is MEP’s mandate to enforce payment of currently registered support Orders. However, in this time of uncertainty during COVID-19, they may be willing to work with you to come to a “temporary payment arrangement” for the (re)payment and enforcement of support and arrears according to a registered Agreement or Court Order, particularly where you and your ex-partner have reached an interim agreement to vary from that Order;
● Work with Creditors – during this COVID-19 economic shutdown, the Federal Government has set up additional financial support for both businesses [Canada Emergency Business Account (CEBA)] and workers [Canada Emergency Response Benefit (CERB)] to bridge the financial gap until the shutdown is lifted. This is in addition to changes to the usual programs (EI, enhanced Canada Child Benefits and GST rebates, Student Loan deferrals, etc.) to assist financially during this period of increased unemployment. Furthermore, landlords and creditors (ie. on mortgages, car loans, etc.) are offering to work with their tenants and borrowers to reduce or (at least) defer rents and interest payments. While there are (currently) no specific programs available to payors or recipients of child or spousal support, these programs are available to all businesses and workers to assist them financially during this current COVID-19 economic shutdown.
These are unprecedented times – never have we had such a sudden and drastic shutdown of both social and economic activity. We are all trying to adjust to these changes: social/physical distancing; working from home; reduced incomes. We are currently making social and financial decisions on a day-to-day, month-to-month basis, uncertain when we will return to the ‘new normal’.
In time, the Courts will re-open (initially remotely) to non-urgent matters when Court Applications to adjust child and spousal support Orders due to COVID-19 changes to incomes can be heard; but this may be many months, and there will undoubtedly be a huge backlog of Calgary child support lawyers and Calgary spousal support cases to be cleared first. Getting started immediately is key.
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In the meantime, attempting to work together to resolve disputes (whether regarding parenting or financial support) that may arise due to COVID-19 restrictions and the resulting economic shutdown (without or without the assistance of lawyers, parenting coordinators, mediators, arbitrators, etc.) may be the best way of currently dealing with these disputes.
What people need now more than ever is certainty and stability, both socially and financially. The Courts, while they are temporarily closed, expect parties to act reasonably and cooperatively – they will be looking for this once the Courts re-open. MacLean Law remains open to assist its Clients to negotiate and document interim child and spousal support agreements that take into account the current COVID-19 reality to be better prepared to meet the post-COVID-19 economy.
