Province sued over child support Single mom fights clawback

[styky]

Sit down sweetie and listen very carefully. The City the province or the nation owes you nothing. BUT out of the goodness of our hearts we support you at this moment even though most of us think you should shove your belly aching and get a bloody job. But no we support you and claw a little of that back from your child support. If you don't like it you have the power to support yourself all it takes is the effort. Were it in my power I would cut you off today.



Province sued over child support
Single mom fights clawback of payments from welfare

By: Aldo Santin

Posted: 1:00 AM | Comments: 290 (including replies)
A Gimli woman has initiated a class-action lawsuit against the province for forcing mothers on welfare to turn over child-support payments.

Chantel Miyai is suing on behalf of her three young children and the children of all single parents on social assistance in Manitoba.

In court documents, Miyai states child-support payments belong to the children, but the province's Family Services Department considers the money as income for the parent and deducts that amount from regular income-assistance cheques.

Miyai states that by taking the child-support money, the province is enriching itself at the expense of the children.

"Legally, that money belongs to my children," Miyai said in an interview with the Free Press. "What right does the government have to take that money and use it for bridges and streets and things?"

Lawyer Norman Rosenbaum said a Supreme Court of Canada case four years ago ruled child-support payments are the "entitlement of the child," adding Manitoba is taking that money away from them.

"I think this has been a historical wrong," Rosenbaum said. "The government is profiting at the expense of the children, keeping them in poverty."

In class-action suits, the case must first be certified by the court as a class action, Rosenbaum said, adding the court must conclude there is a systemic issue that affects a large number of individuals. He said he expects to bring a motion for certification in a couple of months.

Rosenbaum said he doesn't need any other single parents to join the legal fight to get the case certified but he added he hopes others will join.

Miyai said she also hopes other single moms will join her legal fight.

"Some people will be afraid because they're so intimidated by social assistance," Miyai said, adding the government staff are disrespectful and often resort to using bully tactics. "Many people will be afraid that they'll be cut off but this money belongs to their children."

Even if the court rejects this issue as a class-action case, Rosenbaum said Miyai could proceed though an individual action.

The allegations have not been proven in court. A statement of defence has not been filed.

A provincial government spokesman said because the lawsuit was just received, the government considers it inappropriate to comment now.

Miyai said she was left in a difficult situation when her boyfriend left her in July with two children aged five and 21 months and eight months pregnant with their third child.

Her ex-boyfriend started making monthly support payments of $750 and the province withheld that amount from her monthly income assistance budget of $1,279.19.

"The monthly budget is difficult to live on as it is but when they withheld my support payments, it made it really tough," Miyai said. "I'm behind on all my bills. I'm spending the money my parents set aside for university."

Miyai said her boyfriend stopped making support payments in January and the province provided her with her entire allotted budget for February but made her sign a document stating if her boyfriend ever resumes payments, she will turn over the overdue amounts to the province.

"It's not right," Miyai said.

Rosenbaum said he believes what Manitoba is doing now is common practice across the country and in the United States.

Rosenbaum said if he's successful, the province will stop treating child-support payments as the mother's income and the mother will receive the entire allotted amount of social assistance. He said he wants the court to rule child-support payments in future will be directed to the Public Trustee and held until the child turns 18; and, the province must refund Miyai's children, and all children affected by the government's practice of taking child-support payments, with interest and that money also be held by the Public Trustee.

In court documents, Miyai states the province's seizure of the child-support payments is a violation of the children's charter rights, and wants the court to rule it unlawful.

http://www.winnipegfreepress.com/local/ ... 86105.html

[RedDog]

"Legally, that money belongs to my children," Miyai said in an interview with the Free Press. "What right does the government have to take that money and use it for bridges and streets and things?"

Legally, before it was assigned by a court to benefit your children it was in fact someone's income and income is taxable lady. Do your kids never travel on a street or across a bridge? Christ, some people shouldn't reproduce. This is where the welfare culture of entitlement has gotten us. The kids will be raised with the same mindset.

[styky]

"Legally, that money belongs to my children," Miyai said in an interview with the Free Press. "What right does the government have to take that money and use it for bridges and streets and things?"

Legally, before it was assigned by a court to benefit your children it was in fact someone's income and income is taxable lady. Do your kids never travel on a street or across a bridge? Christ, some people shouldn't reproduce. This is where the welfare culture of entitlement has gotten us. The kids will be raised with the same mindset.

I've spent the last hour reading the comments that follow the article and to say that the taxpaying public is unhappy with the attitude of this young lady is an understatement.

[virgey]

Sit down sweetie and listen very carefully. The City the province or the nation owes you nothing. BUT out of the goodness of our hearts we support you at this moment even though most of us think you should shove your belly aching and get a bloody job. But no we support you and claw a little of that back from your child support. If you don't like it you have the power to support yourself all it takes is the effort. Were it in my power I would cut you off today.



Province sued over child support
Single mom fights clawback of payments from welfare

By: Aldo Santin

Posted: 1:00 AM | Comments: 290 (including replies)
A Gimli woman has initiated a class-action lawsuit against the province for forcing mothers on welfare to turn over child-support payments.

Chantel Miyai is suing on behalf of her three young children and the children of all single parents on social assistance in Manitoba.

In court documents, Miyai states child-support payments belong to the children, but the province's Family Services Department considers the money as income for the parent and deducts that amount from regular income-assistance cheques.

Miyai states that by taking the child-support money, the province is enriching itself at the expense of the children.

"Legally, that money belongs to my children," Miyai said in an interview with the Free Press. "What right does the government have to take that money and use it for bridges and streets and things?"

Lawyer Norman Rosenbaum said a Supreme Court of Canada case four years ago ruled child-support payments are the "entitlement of the child," adding Manitoba is taking that money away from them.

"I think this has been a historical wrong," Rosenbaum said. "The government is profiting at the expense of the children, keeping them in poverty."

In class-action suits, the case must first be certified by the court as a class action, Rosenbaum said, adding the court must conclude there is a systemic issue that affects a large number of individuals. He said he expects to bring a motion for certification in a couple of months.

Rosenbaum said he doesn't need any other single parents to join the legal fight to get the case certified but he added he hopes others will join.

Miyai said she also hopes other single moms will join her legal fight.

"Some people will be afraid because they're so intimidated by social assistance," Miyai said, adding the government staff are disrespectful and often resort to using bully tactics. "Many people will be afraid that they'll be cut off but this money belongs to their children."

Even if the court rejects this issue as a class-action case, Rosenbaum said Miyai could proceed though an individual action.

The allegations have not been proven in court. A statement of defence has not been filed.

A provincial government spokesman said because the lawsuit was just received, the government considers it inappropriate to comment now.

Miyai said she was left in a difficult situation when her boyfriend left her in July with two children aged five and 21 months and eight months pregnant with their third child.

Her ex-boyfriend started making monthly support payments of $750 and the province withheld that amount from her monthly income assistance budget of $1,279.19.

"The monthly budget is difficult to live on as it is but when they withheld my support payments, it made it really tough," Miyai said. "I'm behind on all my bills. I'm spending the money my parents set aside for university."

Miyai said her boyfriend stopped making support payments in January and the province provided her with her entire allotted budget for February but made her sign a document stating if her boyfriend ever resumes payments, she will turn over the overdue amounts to the province.

"It's not right," Miyai said.

Rosenbaum said he believes what Manitoba is doing now is common practice across the country and in the United States.

Rosenbaum said if he's successful, the province will stop treating child-support payments as the mother's income and the mother will receive the entire allotted amount of social assistance. He said he wants the court to rule child-support payments in future will be directed to the Public Trustee and held until the child turns 18; and, the province must refund Miyai's children, and all children affected by the government's practice of taking child-support payments, with interest and that money also be held by the Public Trustee.

In court documents, Miyai states the province's seizure of the child-support payments is a violation of the children's charter rights, and wants the court to rule it unlawful.

http://www.winnipegfreepress.com/local/ ... 86105.html

Another outrageous example of the entitlement society.

[ccurrie]

"Legally, that money belongs to my children," Miyai said in an interview with the Free Press. "What right does the government have to take that money and use it for bridges and streets and things?"

Legally, before it was assigned by a court to benefit your children it was in fact someone's income and income is taxable lady. Do your kids never travel on a street or across a bridge? Christ, some people shouldn't reproduce. This is where the welfare culture of entitlement has gotten us. The kids will be raised with the same mindset.

The income tax was already paid by the father, but I don't think it's relevant. If she is on welfare and receives child support, which is money given in trust for the maintenance of the children, then she should get the same welfare cheque any single man gets. The children are already taken care of. She is not.

If it was up to me, the whole state-run system would be scrapped immediately, and she'd have to rely on proper charities.

[BlawBlaw]

If she receives assistance based on the number of children she has, and that amount is means-tested, then it's a no-brainer that child support payments would be taken into account in calculating the amount of assistance the government hands you. Note that the governement is not taking the child support payments, they are simply giving mommy less.

No brainer or not, Ontario courts have thrown out prositution laws and the spouse-in-the-house rules so anything is possible.

What Charter right is allegedly being violated here?

[BlawBlaw]

I'm just going on what is mentioned in the article. I'm not really sure how it works in Manitoba. In BC, if you apply for social assistance and have a a child or spousal support claim then mom has to sign over her rights to the support payments. The government pays mom and then sends a government lawyer to chase down dad. The government keeps what it recovers unless it is more than what the government paid to the mother, in which case the excess is passed on to her. In this case the government is acting as an intermediary, fronting the support payments until they can force dad to pay up. Nothing is deducted for the government's expense of paying the lawyer.

Apparently, that isn't good enough for this broad. She feels entitled to her entitlements.

[Kate Shaw]

"Chantel Miyai"? And the father of her children is HER BOYFRIEND?

Could we get a photo of this floozy? Do we need one?

[styky]

The fact that the lawyer is continuing with the case clears up a lot of questions


Gimli mother leaves lawsuit amid online uproar

By: Aldo Santin

Posted: 1:00 AM | Comments: 9 (including replies)

A young Gimli woman at the heart of a class-action case against the province is pulling out of the lawsuit, saying the outpouring of negative online comments is too much to bear.

Chantel Miyai said she fears for the safety of her three young children and herself after she went public with details about a lawsuit that aimed to stop the Manitoba government from deducting child-custody payments from income-assistance payments of single parents.

"It became too much for me," Miyai, 24, said Monday. "Instead of people looking at the case, they were making personal attacks against me, saying my children should never have been born. They're trying to drive me away.

"It takes a lot of energy to look after three kids all day -- it's just too much for me."

In court documents, Miyai stated child-support payments belong to the children but the province's department of family services considers the money as income for the parent and deducts that amount from their regular income-assistance cheques.

Miyai wanted the courts to rule the province's practice is illegal, and it should refund all money taken -- from her and other single parents -- and have those funds placed in a trust account for the children until they reach the age of 18.

Lawyer Norman Rosenbaum said he sympathizes with Miyai's situation, adding however the class-action suit will continue with another parent.

"We'll withdraw Chantel's name and substitute another custodial parent," Rosenbaum said. "The facts haven't changed."

Rosenbaum said the online comments on media outlets' websites were filled with personal, hateful comments directed at Miyai. The Winnipeg Free Press turned comments off Sunday on the previous story due to the volume of personal attacks submitted by readers.

"If people just read the story, they'll see that we're not trying to enrich the custodial parents," Rosenbaum said. "We want to protect funds that belong to their children."

Republished from the Winnipeg Free Press print edition April 3, 2012 B3
http://www.winnipegfreepress.com/local/ ... 86455.html