Mediation is an opportunity to try to settle your case. In most cases, we are able to help parties have productive conversations with the mediator. But it is not right for everyone. If you and the other party are both willing to try to reach an agreement rather than have the court decide for you, we suggest you submit your intake forms and schedule separate intake meetings. This will help you and us decide if mediation is suitable in your case. Even if you do not proceed with mediation, you will both receive good information and supportive referrals.

In the 2003 decision of Walsh v. Walsh, the wife asked the judge to order her ex-husband to pay a shortfall of child support in the sum of $43,000 for the past few years because his income rose.

In 1997, the court ordered her ex-husband to pay child support pursuant to the Child Support Guidelines based on an income of $175,000. In 2002, the wife discovered that her ex-husband’s income ranged between $214,000 and $376,000 per year for the past few years resulting in a shortfall of approximately $43,000, which her ex-husband should have paid in child support.

The court held that her ex-husband knew that his child support obligation was based on his income, but chose not to disclose his income voluntarily. In the court’s view, he could not now hide behind the defence that the children should not have the benefit of his increased income for this period because his wife did not request his income tax returns until 2002. The ex-husband was ordered to pay the entire shortfall in child support within 45 days.