Child Support

[Jarnhamar]

I can't think of a good way to word the question.
A friend of mine is seeking information about the policies the CF has regarding "deadbeat dads" for lack of a better word.

Her babies father, a member of the regular force, is apparently avoiding paying her court ordered child support and sounds like he is feeding her BS like the CF won't cover a child's medical bills if they are not married or living together.
She isn't sure who she can contact via email, phone number or website.
Can anyone point me in the right direction?

These were some of the questions she had;
1- what is covered medically?
2- can my son get a psychiatrist, tutor, specialist for tests for attention and learning disibilities?
3- If I have receipts do I send them to someone in the CF or to my ex?
4- what forms are needed to inform the forces of the monies owed
5- how long does it take to get reimbursed for medical expenses? (do you have to submit a minimum amount first?)
6- who I can talk to regarding these matters and my ex specifically?
7- Does the forces have specialists, psyciatrists, family councellors etc. or do we have to find people ourselves?

Thanks

 

[Nfld Sapper]

Maybe she should contact a JAG?

 

[garb811]

Most of these questions are related to support and custody agreements.  She needs to get herself a lawyer and pursue these issues via legal means.  If a court order is actually in place the CF will enforce the terms which it is able (ie. wage garnishees etc).

 

[exgunnertdo]

Simple answer first - the CF won't provide those services for dependents, even ones that live with their CF parent.  It is all done through the provincial medical system first, then whatever is over and above what the provincial medical covers, could be reimbursed through the medical insurance we have.

We have two types of insurance - Sun Life for medical/vision etc, and Great West Life for dental.  I am not positive about the coverage for dependents who don't live with the parent - but I seem to remember a former co-worker talking about getting coverage for braces for his kid that lived with the mom.  But I don't know for sure.  Regardless, it is a private insurance situation, and they will only deal with him, as the employee (that I know from experience, they wouldn't talk to me about the claim regarding my son, since it was hubby's policy).  If he can get the child added on these plans, they he would have to deal with receipts and reimbursements, not the mom.  This route will absolutely require both parents to cooperate with each other.

The avoidance of child support payments - the courts can and will garnish the dad's wages, just like they would with any employer.  I received garnishee orders a few times as an owner of a small business, and much to the dismay of my employees, I was required by law to submit the money to the court.  That is not initiated by the CF with a call from the mom, but through the court system.  The mom will have to contact her lawyer.  Some of this will depend on the provinces involved, since child support is typically handled by the provincial courts.

Edit to add - Mods, maybe this belongs in "Home Front?"

 

[GAP]

My niece was married to CF Reg....She had to take him to family court for custody and maintenance, once that was obtained, then the CF honored the wage garnishee. I am sure there are tweeks, etc, but essentially it boils down to the CF honoring the court orders and only the court orders.

Like any business, the CF does not want to get involved in relationship issues. That's for the people and the courts to sort out.

 

[geo]

I know that Quebec went a little further with this subject - to avoid the issue of deadbeat dads.
All divorces & separation agreements are covered by a court order.
If there is support ordered or agreed upon, it is listed in a court order and there will be a garnishee - no two if and or buts about it... just to keep enveryone honest AND keep people off the welfare roll.

FD - get your friend to get going and see a lawyer to enforce the separation agreement.
The CF WILL execute court order - no problemo!

 

[Gunner98]

I have dealt with this issue through a family relation.  The CF member has the Insurance plan(s) and therefore, the member must willingly sign the insurance claim forms with the attached receipts and the member (and only the member) will receive the reimbursement cheques.  He may then pass the reimbursement cheques on to the spouse.  The spouse unless he/she has a recognized 'Power of Attorney" and the member is deployed outside the country, may then have authority to sign.  The CF has no role in submission or reimbursement of insurance claims.  A separation or divorce agreement should stipulate what expenses the spouses will be responsible for.

In some instances (like Dental Care) a CF member may arrange with the provider for only the non-reimbursable expenses to be paid upon the completion of treatment visit.  In this case a signed/completed claim form may be given to the provider for use on subsequent visits.  The provider files the paperwork and the member receives a notice of showing provider payment direct from the Insurance Company.

Specialists appointments for children will require referrals from a civilian famiy doctor and normally (there can be exceptions) the CF is not involved.

 

[scoutfinch]

I know that Quebec went a little further with this subject - to avoid the issue of deadbeat dads.
All divorces & separation agreements are covered by a court order.
If there is support ordered or agreed upon, it is listed in a court order and there will be a garnishee - no two if and or buts about it... just to keep enveryone honest AND keep people off the welfare roll.

FD - get your friend to get going and see a lawyer to enforce the separation agreement.
The CF WILL execute court order - no problemo!

There is a similar Maintenance Enforcement Programme in Nova Scotia, administered quite well (from what I have seen) by the provincial Department of Justice

 

[Blackadder1916]

This site from Justice Canada provides a listing (and some other general info) of
Provincial and Territorial Information on Interjurisdictional and International Support Order Enforcement

NOTE: All Canadian jurisdictions have established reciprocal support enforcement arrangements with one another.  If you need help enforcing a support order in another province or territory, or outside of Canada, please contact the program in the province in which you live.

This page from the Alberta Maintenance Enforcement Program is provided as an example
Info Sheet - Requests for Payments from the Department of National Defence

For a debtor who is a member of the Canadian Forces, the Maintenance Enforcement Program (MEP) may send an application to the Department of National Defence requesting that part of the debtor's monthly salary or pension be diverted to satisfy his or her maintenance obligations. This application for a pay or pension diversion is similar to issuing a support deduction notice (also known as garnishee) although different procedures must be followed. Further, federal legislation restricts the amounts that may be collected.
...

The following QRs refer to this topic. CHAPTER 207-PAY ALLOTMENTS AND COMPULSORY PAYMENTS
QR&O 207.02    Compulsory Payments - General Provisions

(3) For the purposes of this section:
(a) "applicant" means a party or his representative who is seeking to enforce a financial support order or a judgement debt;
(b) "financial support order" means a decree, order or judgement that contains provisions for periodic payments for maintenance or alimony made by a court of competent jurisdiction pursuant to the
  (i) Divorce Act (Revised Statutes of Canada, 1985, Chapter D-3.4),
  (ii) laws of a province relating to family financial support, or
  (iii) laws of a jurisdiction outside Canada relating to divorce or family financial support but only if it is enforceable under the laws of Canada or a province thereof;
(c) "garnishee summons" means any document or court order of like import made by a court in Canada in relation to a judgement debt;
(d) "judgement debt" means an order or judgement, other than a financial support order, which requires an officer or non-commissioned member to pay a sum of money to an applicant, and includes an order or judgement for lump sum arrears of maintenance or alimony and lump sum judgements made by a court of competent jurisdiction pursuant to the Divorce Act or pursuant to the law of a province relating to family financial support;

QR&O 207.03    Financial Support Orders
QR&O 207.031  Garnishee Summons - Judgement Debts

 

[BinRat55]

Flawed - did your friend ever get her questions answered satisfactorily?  I can tell you from personal experience that regarding coverage of children (dependants not living with the paying member) the above posters are all correct.  As long as my children are on my docs, they are insurable through SunLife / Great West.  I had to sent a letter to both providers informing them that my children reside with my ex but I will maintain them on my policy and will pay all deductables yearly.  That being said, it's up to my ex to pay the 10% or 20% whatever the case is and I provide her with proof the deductable has been paid.

WRT child support - once there is a court ordered support payment in force, Support Enforcement for that province receives a copy and sets the payer up with a way to make the payments (mine come right off my pay - I don't even see them) If the member fails to make payment, a letter WILL be forwarded to his Base Commander / Comptroller section requestion a wage garnishment for 100% of any back support owed and an allotment will be set up to end 9999 (forever basically) and should carry on until a new order has been received by Support Enforcement and in turn Comptroller.  The member cannot EVER change the wage garnishment - only a court order.  Along with that, there are new initiatives that can also be put into play to collect back support and ensure future support payments - seizing income tax refunds, suspending drivers license, registering a vehicle in ANY province would be impossible... the list goes on - all the way to arrest!! On top of that, Support Enforcement then becomes the advocate for all custodial parents having to deal with this issue - they will take him to court, not the parent.

Good luck - PM me if you have any other questions - i've been a "non-deadbeat dad" for 12 years!!

 

[Gunner98]

Sun Life now allows online claim submission and direct deposit refund by signing up here: https://www.sunnet.sunlife.com/member/signin/index.aspx?  It also allows you to see the status of things like the date you can submit an optical claim for spouse or dependents.

//End of free public service announcement//

 

[JeffRich]

Hello, how it works, when you enter the military, to the adjusted child support for children down? Are what I have returned to court or the Forces is dealing with everything?

 

[The Bread Guy]

JeffRich:

A friendly reminder - you don't have to post the same question in more than one place here.  That would be considered spamming under the rules around here.

One question, one post.

Milnet.ca Staff

 

[Occam]

Hello, how it works, when you enter the military, to the adjusted child support for children down? Are what I have returned to court or the Forces is dealing with everything?

And I understand your first language is French, but I can't make sense of what you're asking.  Can you try rewording it?

 

[DAA]

Hello, how it works, when you enter the military, to the adjusted child support for children down? Are what I have returned to court or the Forces is dealing with everything?

Child support is a "personal" issue and the CF is not involved unless a "Compulsory Payment Order" is issued as a result of arrears/non-payment/etc.

If you are subject to a court imposed support payment and this is being made through the provincial Family Responsibility Office (in Ontario, it is FRO), then you have two choices:

a.  continue to make the payments yourself;  or

b.  bring the payment order and FRO information into your local OR and have them commence a pay allotment.

 

[Danjanou]

Also remember the amount of support you are paying and/or are being paid , can be changed or varied if circumstances change such as a pay increase , or decrease, when one joins the CAF. It's an individual's responsibility to follow up on this. Again using Ontario and their FRO as an example:

http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/General/changing_support_order.aspx


http://www.mcss.gov.on.ca/en/mcss/programs/familyResponsibility/index.aspx

 

[JeffRich]

I'm sorry to post the same subject, and thank you for your response for ma pension alimentaire. I pay in Quebec for this moment but i'll have to change this after enrollment. Sorry for my bad english i try to write

 

[DAA]

I'm sorry to post the same subject, and thank you for your response for ma pension alimentaire. I pay in Quebec for this moment but i'll have to change this after enrollment. Sorry for my bad english i try to write

Personally, I'd recommend that you just keep paying the way you are paying now.  It will make life so much easier for you.

Good luck!

 

[Occam]

I'm sorry to post the same subject, and thank you for your response for ma pension alimentaire. I pay in Quebec for this moment but i'll have to change this after enrollment. Sorry for my bad english i try to write

No worries, your English is still better than my French.  Glad someone was able to see what you were getting at and provide a helpful answer.

 

[opcougar]

Personally, I'd recommend that you just keep paying the way you are paying now.  It will make life so much easier for you.

Good luck!

@OP.....no worries WRT your written English; I wish my French was even close to what you wrote. If you are in the province of Quebec, here is the table that show child support payment based on number of kids for different pay brackets

http://www.justice.gc.ca/eng/fl-df/child-enfant/fcsg-lfpae/2011/pdf/qca.pdf

For the rest of the provinces, the link below shows the same thing

http://www.justice.gc.ca/eng/fl-df/child-enfant/fcsg-lfpae/2011/index.html

As someone else alluded to above, you do NOT want the family responsibility to meddle in your business. It's best if you can come to agreement with your ex to pay them directly i.e. consent to opt out of the family responsibility office "garnish of wages".

Note: 1. Seperation agreements / divorce orders will usually have a line stating "parties are to exchange tax returns yearly by a certain date", to adjust payment of child support. If your ex doesn't comply, you are not obligated to tell them that you got a raise. As you can imagine, people don't want to get less CS.

2. If you don't pay your CS, they will garnish your wages via your orderly room, which means deduction will be made before you get paid. The Govt (family law) doesn't care if you have to sleep in a box. It's a game of Tag, and you have a responsibility to feed, clothe the kid(s) you've decided to bring into this world i.e. you are 'IT'.

3. In case you didn't know, CS doesn't end even if your partner now lives with someone else. It also doesn't end once they finish high school (unless they drop out and no longer under your care).

Pensions

If you were married to this person, then you have to get a pension evaluation from the proper Govt office...it should take less than 6 weeks. The other party has to bring their pension to the table also if they have/had one. This is different from the provincial pension. This is called a "Pension Split". Oh, and hopefully their is no spousal support (alimony)? I know Quebec doesn't recognize common law. That is how Mr Cirque Soleil (Guy whatever) was able to get away with it, with his Brazilian gold digger baby mama

If you are lucky, you get to keep your pension like some of us, but trust me when I say the other party will try to come after it.

Good luck