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Single moms sue B.C. over support-payment clawbacks

A group of single mothers is taking the B.C. government to court over a provincial policy that claws back spousal support payments from people on income or disability assistance. Three mothers have filed a civil suit in B.C.
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Social Development Minister Don McRae has come under fire for the clawback policy from the Opposition NDP, community groups and even critics within his B.C. Liberal Party.

A group of single mothers is taking the B.C. government to court over a provincial policy that claws back spousal support payments from people on income or disability assistance.

Three mothers have filed a civil suit in B.C. Supreme Court demanding that the government end the clawback because it violates the constitutional federal rights of children to receive financial assistance from both parents. They are joined by the Single Mothers’ Alliance of B.C., which is a public-interest litigant in the case.

“We’re essentially arguing child support is the right of the child and these kids, particularly because they are some of the most vulnerable in B.C., should be able to benefit from that and their ability to benefit from it shouldn’t be limited,” said Kendra Milne, a lawyer at the Community Legal Assistance Society, who is one of two lawyers on the case.

The notice of civil claim was filed Tuesday and the B.C. government has three weeks to respond.

A single parent with one child collects $945 monthly if on income assistance, or $1,242 in disability assistance. If that parent receives child-support payments from an ex-spouse, the government cuts his or her provincial payments by the same amount so the recipient doesn’t get any more money.

Social Development Minister Don McRae has come under fire for the clawback policy from the Opposition NDP, community groups and even critics within his B.C. Liberal Party. He has promised a public-consultation process this fall to evaluate the issue. The province collected $17 million in “family-maintenance” payments from people on income or disability assistance last year.

“We also know the government is committed to consulting on the issue of how child support is treated this year and so we’re hopeful it will be resolved through that consultation,” Milne said. “But [the mothers] are prepared to fight for their rights if they have to.”

Milne said the B.C. government’s clawback policy undermines federal divorce legislation that sets out child-support guidelines. It also violates section 15 of the Charter of Rights and Freedoms, which Milne said provides children equal protection before the law. Children can’t control their family status or the fact a parent relies on income or disability assistance, so it is discriminatory to rob them of those legal benefits, said Milne.

NDP critic Michelle Mungall called on the government to simply end the unpopular practice rather than drag the issue through the courts.

“They certainly do have a history of fighting their mean policies in court, only to be proven that they’re wrong,” she said of the government. “Why go through the time and trouble with these families, and the waste of taxpayer dollars, when they can do the right thing and stop taking money from B.C.’s poorest kids?”