This is in regards to child support for children with disabilities. My son is 21 years old, disabled and requires 24 HR supervision. I found out that his father had been lying about his income since 2002. He works for Trousers in Edmonton. A higher up position said he is making $24,000.00 a year. I am unable to work as I am caring for my son. As I see it his father owes us back support payments and should continue to pay support. He has never been in his sons life. Left when he knew our son had a permanent disability. My son and I live in Ontario, his father in Edmonton. What are our rights, I can’t afford a lawyer. Any advice would be helpful. Tried but legal aid Ontario won’t help. Please help us. Thank You, Sharon.
Child support will be around 15% of the father’s total income paid to you tax free. The link (below) to My Support Calculator will give you a precise figure. If you asked for the income information, and his father lied about it, then you will be entitled to a retroactive adjustment back for a long time. If your disabled son’s needs are not being met because of financial difficulties, a judge will not be sympathetic and may order the support adjustment retroactive to when the father started lying about his income. On top of that, he will have to pay a large (probably most) of the costs of “special expenses” in relation to your son’s disability, which could include respite care, medication, devices, and professionals not covered by OHIP. Again, this could be retroactive. Since your son is over 18 years old, you may want to look at this page as well: Child support does not end.
In addition, if you cannot work because you are caring for a disabled child, you should have been receiving spousal support. That could be a big number too. Whether a judge will order spousal support in the circumstances is more up in the air because you did not ask for it right away. Since your not working is still related to the relationship, there is an argument to be made, but also an argument you should have asked earlier. (Of course if you knew his true income, you would have asked earlier.) For more on spousal support, this video and see these webpages: Spousal Support… Will I Get It? and Spousal Support… How Much Will I Get?.
In the circumstances, it would likely be worth your while to hire a lawyer because the amount of money to which you may be entitled could be large (and except from bankruptcy if he tried that). A judge might also order him to pay some of your legal bills in the circumstances (as long as you act reasonably in the circumstances.)
To get more information about these, and many other, family law issues, and also information and tips for how to proceed in family court, get a copy of this $20 easy-to-understand book on Ontario Family Law: Devry Basics Ontario Family Edition
For further information or assistance in regards to support for children with disabilities, Child Support For Children With Disabilities and Back Support or family law, please contact Toronto Family lawyer John Schuman.