John P. Schuman C.S., Child and Family Law

A North Bay mother has sued her daughter's grandparents for $760 in monthly child support, plus $47,000 in back pay.   In what may become a more common situation as grandparents assert their “legal rights” to access to their grandchildren, the child’s parents demand that those grandparents share the responsibility for the child - especially financial responsibility.  Of particular concern in this case is that the Grandparents stepped in to keep their granddaughter out of foster care and that is part of the reason that the child’s mother is now suing them for child support after the children’s aid society allowed the child to return to her care.

John Schuman provided a legal commentary on this story from North Bay to CBC Radio Programs across the country and to Global Radio.  You can hear the details of the case and John’s analysis of it, by clicking on the players to the left or the CBC and Global Audio below.

Child Support Laws in Ontario clearly allow grandparents, and step parents to become liable for child support.  This happens when the grandparent or step parent acts like a parent (rather than a grandparent or step parent) to the child.  Anyone who stands in the place of a parent to a child becomes responsible for paying child support for that child. 

Grandparents do have rights under Ontario Family Law.  However, with the recognition of those rights may be a recognition of responsibilities if grandparents want to be actively involved in raising their grandchildren.

To learn more about the law that applies and can require grandparents or step parents to pay support, listen to Episode 12 of the Ontario Family Law Podcast:  How Step Parents and Grandparents Can Be On the Hook for Child Support.

The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law, which is available as a $9.99 eBook for Amazon Kindle and Kobo and as an iBook for iPad, iPhone and Mac or a paperback from Amazon and other fine book sellers.  The Guide is an easy-to-understand explanation of the basics of all aspects of Ontario Family Law, from a description of Family Court and the other ways to resolve family law matters, to a description of the most important family law topics, to tips on how to avoid common mistakes  and succeed after separation. 

If you would like more assistance with child support, contact Certified  Specialist in Family Law, John Schuman, by calling 416-446-5080, emailing him, or using the contact form below. You can also use the contact form to comment on this page.

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