When Do the Courts Award Child Support?

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.

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.

What Happens if You Don’t Pay Child Support in Ontario?

When a parent fails to pay child support as ordered, several enforcement actions can be taken by the Family Responsibility Office (FRO) to ensure payments are made.

The FRO has broad authority to enforce child support payments, including garnishing wages directly from the payor parent’s employer, intercepting federal government payments such as income tax refunds, Canada Pension Plan benefits, and Employment Insurance, and garnishing bank accounts.

If payments continue to be missed, additional enforcement actions may include suspending the payor parent’s driver’s licence and federal licences, placing a lien on personal property like homes or vehicles, and even seizing lottery winnings over a certain amount.

The FRO can also report the payor to the credit bureau, which can affect their credit rating and ability to obtain loans or credit in the future.

Toronto Child Support Guidelines

In some cases, the court may hold a default hearing where the payor parent must explain why they have fallen behind on child support payments. The court can issue a default order that may include penalties such as fines or even imprisonment for up to 180 days if the payor parent is found to be in contempt of court.

It is important to understand that child support is a legal obligation that continues until the child reaches the age of majority or is no longer dependent. Failure to pay child support not only impacts the child’s well-being but can also lead to significant legal and financial consequences for the payor parent.

Parents who find themselves unable to meet their child support obligations should contact the Family Responsibility Office immediately to discuss payment plans or seek legal advice to explore options such as modifying the support order based on changed circumstances. Ignoring the obligation can result in accumulating child support arrears, additional fees, and enforcement actions that may be difficult to resolve later.

Overall, the enforcement of child support payments in Ontario is designed to protect the rights of the support recipient and ensure that children receive the financial support they need, regardless of the payor parent’s compliance.

To find out more about how Ontario determines and allocates child support and what this may mean for you, contact our office at 647-933-2397. Our lawyers can talk with you about your circumstances and provide counsel on your options.