在新冠狀病毒的影響之下,很多人面臨著失業或者收入減少的危機,而他們之前所被法庭要求支付的孩子撫養費或配偶贍養費的金額卻並未因此減少。 此篇文章為大家介紹最新的一個新冠病毒疫情中更改贍養費和撫養費的案例。 我們會跟進報導相應的案例。
在Baker v. Maloney， 2020 ONSC 1929這個案例中（2020年3月27日宣判），一名丈夫錯過了兩個法院下令的3 月以通過銀行匯票支付配偶贍養費的最後期限。 他丟失了原本的銀行本票，但是在取得新的本票之前安大略省進入了新冠狀病毒緊急狀態，讓他難以得到新的本票。 鑒於意識到疫情的情況下，法院給丈夫直到2020年4月7日“在安全的前提下”取得新的本票。 並表示希望那時情況能恢復正常。 法院還指出，儘管丈夫的高齡可能使他難以獲得新的本票，但仍然需要他遵守法院命令。 以下為判決原文，因為是在法院因為病毒停止正常作業所以無法看到所有檔得情況下做出的緊急決定，所以非常簡短：
AMENDED MARCH 25, 2020 ENDORSEMENT
[1] As a result of the COVID-19 Pandemic (“Pandemic”), operations of the Superior Court of Justice have been suspended as set out in the Notice to the Profession dated March 18, 2020 available at https://www.ontariocourts.ca/scj/covid-19-suspension-fam/.
[2] Correspondence was received from each counsel in relation to the non-payment of an outstanding spousal support order. Due to the Pandemic, the Court does not have access to the file. Therefore, particulars of previous orders are not included in this endorsement.
[3] The arrears were to have been paid by March 9, 2020 and were not paid. A further endorsement was made requiring payment to be paid by March 26, 2020.
[4] According to a letter from the Royal Bank of Canada (“Bank”) dated March 19, 2020, Mr. Maloney purchased a bank draft on March 10, 2020, for the amount of $10,525. He reattended at the branch to advise that he lost the draft and made a request for it to be stopped and replaced.
[5] According to the Bank, the earliest that Mr. Maloney can request a refund of the draft is March 25, 2020. Thereafter the Bank will wait 10 days and then allow Mr. Maloney can purchase a new draft.
[6] According to the Court’s calculations, he can purchase a new draft on April 6, 2020, taking into account the weekends.
[7] As of March 25, 2020, both the Province of Ontario and the City of Ottawa have declared States of Emergency. No one knows how long it will last, nor the effects of this Pandemic.
[8] The Court realizes that this is not a motion and that no motion materials have been placed before the Court. Rather this is a follow up to see if Mr. Maloney has complied with the previous court orders.
[9] The Court is aware that Mr. Maloney is elderly and may be restricted in his ability to replace the draft.
[10] At the same time, he is still obligated to comply reasonably with Court orders.
[11] Under the circumstances with governments and other institutions struggling to cope with COVID-19, the Court orders that Mr. Maloney replace the draft by April 7, 2020 and make arrangements with his counsel to obtain the draft and provide it to counsel for Ms. Baker, as long as it is safe to do so.
[12] In any event, counsel shall write to the Trial Coordinator to provide an update of the status of this matter by April 9, 2020. The Court can then decide on how to proceed.
[13] Hopefully by April 7, 2020, our world as we formerly knew it, will return.
[14] Order accordingly.
我們希望這篇博客可以有助於最大程度地減輕分居父母及其子女因疫情帶來的財務上震驚和苦惱。 如果您有任何因疫情導致的子女撫養費支付和配偶贍養費支付上的問題請立即致電我們，我們的中文熱線是 （604） 682-6466。 我們的專業團隊將為您提出合理的計劃以最大程度地降低疫情對您的家庭的影響，並開始安排在法院重新開放后立即解決撫養費或贍養費問題。
