J. Advance Payments; Post-dated Cheques; Electronic Transfers

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 38-39

Page 38

A self-employed parent with cash flow problems that have resulted in late payments may be ordered to pay child support a month in advance in order to alleviate the problem.¹¹⁶A court may direct that child support payments be arranged by a series of post-dated cheques.¹¹⁷Alternatively, the court may order child support to be payable by means of electronic transfer by the payor¹¹⁸or his or her employer¹¹⁹to the payee’s account. A court may grant an order whereby child support is to be paid by way of post-dated cheques in favour of the Maintenance Enforcement Program for direct deposit thereafter in the custodial parent’s account.¹²⁰In fixing arrears of child support, a court may refuse to set off payments made to the custodial parent where the child support order directed payments to be made through the office of the provincial Director of Maintenance Enforcement. Such payments may be treated as gifts, rather than set off against the outstanding support arrears.¹²¹Insistence on post-dated cheques or direct bank deposits is a useful practice for lawyers to adopt in negotiating settlements; enforcement problems may be thereby eliminated.

Page 39

Post-dated cheques for child support are not available as of right. Provincial employees are not entitled to demand post-dated cheques for future monthly payments of child support as a condition precedent to the reinstatement of a defaulter’s licence after his discharge of all outstanding arrears.¹²²

[116] Dagg v. Pereira, [2000] O.J. No. 4450 (S.C.J.).

[117] Potter v. Graham, [2004] A.J. No. 1133 (Q.B.); S. v. S., [1999] B.C.J. No. 1043 (S.C.) (recipient parent entitled to elect payment of child support through Family Maintenance Enforcement Program or by way of post-dated cheques to be provided in advance for each year); Lafontaine v. Lafontaine, [2001] B.C.J. No. 187 (S.C.); S.E. v. A.E., [2003] B.C.J. No. 888 (S.C.); Rieder v. Jenei, [2006] B.C.J. No. 176 (S.C.); Dicks v. Dicks, [2001] N.S.J. No. 302 (S.C.); DeBora v. DeBora, [2003] O.J. No. 575 (S.C.J.) (post-dated cheques or direct bank deposit); Clark v. Taylor, [2004] N.W.T.J. No. 5 (S.C.).

[118] Volken v. Volken, [2001] B.C.J. No. 1344 (S.C.); Loughren v. Loughren, [2000] N.S.J. No. 41 (S.C.); Turple v. Turple, 2011 NSSC 150; R.L. v. B.I., [1997] Q.J. No. 4450 (C.S.).

[119] Clark v. Taylor, [2004] N.W.T.J. No. 5 (S.C.).

[120] Veinotte v. Veinotte, [1999] N.S.J. No. 327 (Fam. Ct.); Haxton v. Haxton, [2002] N.S.J. No. 229 (S.C.).

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