In the Media - Shulman & Partners

NewsTalk 1010: Do I Owe Child Support? - Featuring Laura Paris, Shulman & Partners

Written by Laura Paris | September 13, 2019

 

 

Unexpected child support claims can surface long after a relationship has ended, creating confusion, financial stress, and difficult legal questions for families. In a NewsTalk 1010 segment, a real-life scenario was discussed involving a man who learned, more than a decade later, that he may have a teenage child and could be facing child support obligations. Laura Paris, Associate Lawyer at Shulman & Partners LLP, was invited to provide legal context on how Ontario courts approach delayed child support claims, retroactive payments, and future obligations. 

“Child support isn’t actually a right of either parent; it’s a right of a child.”
— Laura Paris, Family Law Lawyer, Shulman & Partners LLP

During the segment, Laura explained how Ontario family law would address a situation where someone is notified, years later, that child support is being sought for a child they did not know existed. She emphasized that the first step in any such case would be confirming parentage through a paternity test before assessing legal obligations.

She noted that while child support obligations can arise once parentage is established, Canadian courts recognize that it may be unfair to require retroactive support dating back to a child’s birth when the payor had no knowledge of the child. Supreme Court of Canada decisions have shaped the law in this area, generally limiting retroactive child support to a shorter period before formal notice is given. This approach reflects an effort to balance the child’s entitlement to support with the practical realities facing the payor.

A key point highlighted by Laura was that child support is owed to the child, not to the other parent. As a result, even if one parent chose not to inform the other of the child’s existence, that decision does not automatically eliminate the child’s right to financial support. This principle explains why courts may still order ongoing child support once parentage is confirmed.

Laura also explained that support obligations typically continue going forward. In Ontario, this can include monthly guideline child support as well as contributions to extraordinary expenses, such as post-secondary education or significant extracurricular costs, particularly for older children.

The discussion also touched on the reverse scenario, where someone pays child support for years and later discovers they are not the biological parent. Laura explained that biological connection is not always determinative under Ontario law. In some cases, a support obligation can arise where a person has acted in a parental role and the child has relied on them as a parent, even if they are not biologically related.

Overall, the segment highlighted how fact-specific and emotionally charged child support cases can be, especially when they involve late disclosure, blended families, or long periods of uncertainty.

Listen to the full NewsTalk 1010 segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.