Don’t Overlook Your Rights: Dependent’s Relief Claims & Unpaid Child Support
- marketing88393
- Jan 10
- 2 min read
When an estate involves long-standing unpaid child support, many people assume it’s “too late” to do anything about it. A recent Ontario decision confirms that isn’t necessarily true — and that adult children may still have meaningful rights when support was never paid.
In Sabarros v. Morell, 2025 ONSC 6122, the Court declined to summarily dismiss a dependent’s relief claim built on decades-old unpaid child support. The claimant, now 37, argued that her father owed support pursuant to a court order that was never honoured in 1998. Despite her age and the passage of time, the Court held the claim raised legitimate issues that deserved to be heard.
Why This Case Matters
This decision reinforces several important principles for anyone facing a similar situation:
1. “Child” under the SLRA isn’t limited to minors.
Adult children can still qualify as dependents if there was an unmet legal obligation to provide support. The Court confirmed that age alone does not bar a claim.
2. FRO enforcement limits don’t eliminate SLRA rights.
Even though the Family Responsibility Office cannot enforce against an estate, that does not prevent a claimant from seeking relief directly under the SLRA.
3. Child support is the right of the child.
Any arrears owed under a support order ultimately belong to the child — not the parent who was designated to receive payments. Estates cannot avoid scrutiny simply because arrears were technically payable to a custodial parent.
4. The SLRA must be interpreted generously.
Relying on Tataryn v. Tataryn Estate, the Court emphasized the remedial purpose of dependant’s relief legislation and its alignment with modern values. Claims should not be dismissed prematurely where genuine issues exist.
What This Means for You
If you were entitled to support that was never paid, and the parent responsible has since passed away, you may still have recourse through a dependent’s relief claim. The Court in Sabarros made clear that such claims are neither presumptive long shots nor inherently frivolous.
A few practical considerations:
Review the original order or agreement. Was support clearly required?
Assess whether the obligation remains outstanding. Arrears and unmet obligations can be significant.
Consider your individual circumstances. Age alone does not determine entitlement.
Understand your standing. You may have rights even if payments were directed to your other parent.
These cases sit at the intersection of estate law and family-law support obligations — a legally complex and often emotionally charged space.
How We Can Help
At The Calgary Legal Team, we regularly assist clients who find themselves navigating complex support matters.
You don’t have to assume your support rights ended with a parent’s passing. If unpaid child support may form the basis of a claim against an estate, we’re here to help you evaluate your options and determine a strategic way forward.
The Calgary Legal Team is here to help.
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