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August 2, 2022 by Anthony Family Law

The Ontario family courts award child support when there are children involved in a divorce based on the amount of the parental income. Child support is determined by a basic formula, but it can be adjusted for special circumstances such as extraordinary expenses, or the amount of time shared by the parents.

If you’re not sure if your situation is likely to include a child support order, our lawyers can help. We can go over the details of your case, including your income and number of children, and help you understand how much support you may be paying–or receiving–and what needs to be done to get a support order in place.

How Long Do You Have to Pay Child Support?

Child support orders usually stay in effect until the child has reached the age of 18. However, in some cases, the support order may also continue to be active if the child goes on to pursue a college degree. Child support orders can also be terminated early if the child is no longer considered a dependent for legal purposes. The amount of time the child support order is valid should be explicitly listed in the paperwork.

What Happens if You Don’t Pay Child Support?

If you don’t pay your child support payments as ordered, you are considered delinquent. If you fall far enough behind, the Family Responsibility Office can garnish your bank account or take part in any federal government payments to catch you back. In serious cases, it is also possible for your driver’s license and passport to be suspended or a lien to be put against your property.

What Can I Do if I’m Behind on Child Support?

If you are already behind on your child support or you are concerned that you won’t be able to make your payments, it’s important to contact the Family Responsibility Office as soon as possible. They can help you set up a payment plan to get caught up and avoid further penalties, and they may be able to offer guidance on whether your circumstances qualify for the child support order to be modified.

Not paying child support can have serious consequences, and it’s important not to just let your payments go. Child support continues to accrue while you’re not paying and can include fines and other fees. If you don’t think you are going to be able to pay your child support or feel that the support order amount is beyond your means, it’s time to talk with an Ontario family law lawyer. Our lawyers help clients in the Toronto area understand child support orders and what to do if they fall behind on support.

August 1, 2022 by Anthony Family Law

What child support should be used for is a common question for both the parent receiving the support and the one paying. While child support monies don’t have to be spent on specific items, it is meant to provide for the children’s financial needs. Child support can be spent on clothing, food, housing, utilities, school supplies, activity fees, and anything else that supports the basic needs of the children.

If you have questions about child support and what that money should be going to, talking with a family law lawyer can help. Our firm can review your child support order and provide counsel on whether the support amount is reasonable and what you may be able to do if you wish to make changes.

Is Child Support Automatically Taken Out of Your Check?

In Ontario, it is common for child support payments to automatically be taken out of the payor’s paycheck. The way this works is that the courts must issue a support deduction order. The Family Responsibility Office will then let the paying parent’s employer know that the support amount should be deducted from their check. It is also possible to pay child support through other means than automatic paycheck withdrawals.

How Long Does it Take to Get Child Support?

The amount of time it takes to start receiving child support can vary depending on the circumstances of your case. The primary things that impact the timeframe include how long it takes for a child support order to be issued by the courts, whether the payments are being made through automatic paycheck deduction, and how long it takes for the funds to move between accounts. It’s normal for it to take a month or two from the child support order being finalized to actually receiving payments.

Can You Petition to Change the Child Support Amount?

Child support amounts in Ontario are calculated by taking into consideration parental income and the number of children the support order covers. However, there are special circumstances that can warrant having the normal amount adjusted up or down. If you think that the child support amount ordered by the courts isn’t reasonable or there has been a change in circumstances–such as a change in parental income–which would change the support amount, you can talk to a family law lawyer about asking for the order to be modified.

While most child support orders are simple to calculate and fall under normal guidelines, a lawyer can still be a helpful resource in ensuring you know what to expect. You may also want to speak with a lawyer about how support orders are enforced and what the possible penalties are if you fall behind. Get started by scheduling a meeting with one of our lawyers by calling 647-933-2397.

When Do the Courts Award Child Support?