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10 Things You Should Know About Child Support

10 Things You Should Know About Child Support

1. Child support

 
All dependent children have a legal right to be financially supported by their parents. When parents live together with their children, they support the children together. Parents who do not live together often have an arrangement in which a child lives most of the time with one parent. That parent is said to have custody of the child. This arrangement can be written in a separation agreement or court order (sometimes called legal custody), or may occur without a written agreement or court order (sometimes called “de facto” custody). Either way, the parent with custody has the main responsibility for the day-to-day care of the child and has most of the ordinary expenses of raising the child. The other parent should help with those expenses by paying money to the parent with custody. This is called child support.

2. Parents

 
A parent can be the birth mother or father, an adoptive parent, or a step-parent. step-parent is anyone who has been married to someone with children, or who has lived as a couple with someone with children, and who has shown an intention to treat those children as members of his or her own family.

3. Who pays child support

 
All parents have a legal responsibility to support their dependent children to the extent that they can. A parent with custody usually has most of the day-to-day expenses of child-raising, and may be entitled to receive child support from the other parent. This entitlement to child support may continue even if the custodial parent remarries or starts to live with someone else.

The amount of child support is usually set according to the Child Support Guidelines. More than one parent can have a legal duty to pay child support for the same child. For example, if a parent with custody of a child separates from their marriage or common-law spouse who is not the child’s birth parent, both the child’s other birth parent and the step-parent may have a legal duty to pay child support. A biological father has a legal duty to support his child financially even if he has never been married to, or lived with, the child’s mother. This is true even if he never had an ongoing relationship with the mother. If a man denies that he is the biological father of a child, the court can order him to have a blood test to determine whether or not he is.

4. When Does Child Support End

 
Child support must be paid as long as a child remains dependent. A dependent child is any child under the age of 18, unless:

• the child has married, or

• the child is 16 years of age or over and has voluntarily withdrawn from parental control Child support might also continue after a child turns 18 years of age if the child is unable to be self-supporting because he or she:

• has a disability or illness, or

• is still going to school full-time.

Even if the child is not living at home while going to school, as long as the child’s primary residence is with the parent with custody, the parent without custody might have to continue to pay child support. This usually continues until the child turns 22 years of age or gets one post-secondary degree or diploma. In some circumstances, a judge might order support to continue even longer.
When deciding how much support should be paid for a child who is 18 years of age or older, the judge will take into account any earnings or income the child receives from other sources.
 

 

5. When to Apply for Child Support

 
Parents who have their children living with them after separation can apply for child support at any time. Usually they apply right after they separate or as part of their divorce application. They often apply for custody and child support at the same time. It is usually best to deal with these matters as early as possible. Sometimes parents with custody do not want or need child support at first, but later their situation changes. They can apply for child support when the need occurs, even after a divorce and all other matters arising from the separation have been settled.

But if a step-parent is asked to pay support, the more time that has passed since the step-parent had an ongoing relationship with the child, the less likely it is that the court will order support payments. This is especially true if the step-parent’s social and emotional relationship with the child has ended. A parent can apply for custody and support even while living separately under the same roof after their relationship with the other parent is over. But usually the court will not make any order for custody and support until one parent has actually moved out.

6. How Child Support is Paid

 
Some parents are able to work out a support agreement on their own. They can use the Child Support Guidelines to find out how much support a judge would probably order. The paying parent will have to give true and complete information about his or her income. One parent should get a lawyer to put the agreement in writing. The other parent should get a different lawyer to check it. That way, each parent will be able to make sure the agreement says what they intended, and that it protects their rights and their children’s rights, before they sign it.

Other parents need some help to work out a support agreement. They can go to a mediator who will meet with both of them and help them work out an arrangement that they both can accept. The mediator does not offer legal advice. An agreement reached with the help of a mediator should still be taken to each parent’s lawyer before they sign it. Then it should be filed with the court.

Parents who cannot agree about support payments should get legal help. Each parent should hire a separate lawyer. The lawyers may be able to negotiate support terms that are acceptable to both parents. If not, they will go to court and ask a judge to decide. The judge will make a court order saying how much child support must be paid.

7. Access When Child Support is Not Paid

 
A parent should not keep another parent from seeing their children even if child support is not paid. The law assumes that it is usually good for a child to have a relationship with both parents. Keeping a parent from seeing his or her child is considered punishing the child. The law will not punish a child because his or her parent fails to pay child support.

The law gives parents who do not have custody “access” to their children so they can spend time together. Access can be refused or limited only if the parent’s behaviour is likely to harm the child. The courts will not refuse access because the parent does not pay support. And the parent with custody should not refuse access for this reason. There are other ways to get support from a non-paying parent.

8. Enforcement of child support in Ontario

 
Enforcement in Ontario is done through a provincial government office called the Family Responsibility Office (FRO). The court automatically files all support orders made after July 1, 1987 with the FRO. Separation agreements can also be filed there if they have been filed with the court and then mailed to the FRO.

The parent who is to pay support is told to make all support payments to the FRO. When the FRO receives a payment, it sends a cheque to the parent with custody, or deposits the money directly into that parent’s bank account. It only does this after it has received the money from the paying parent.

If a payment is missed, the FRO takes action to enforce the order or agreement. To do this, the FRO needs as much up-to-date information about the paying parent as possible. This includes his or her full name, address, social insurance number, place of employment or business, income, and any property he or she owns. The information about the paying parent goes on a Support Deduction Information Form which is available at the court. This form is given to the FRO along with the support order or agreement. It is important to update this form whenever the information changes.

9. How Can FRO Collect Child Support

The FRO uses different ways to get the payments that are owed. It can:

• get the payments directly from the parent who is supposed to pay support

• have the payments automatically deducted from the parent’s wages or other income (other income includes things like sales commissions, Employment Insurance, Workers’ Compensation, income tax refunds, severance pay, and pensions)

• register a charge (a lien) against the personal property or real estate of a parent who fails to pay the support that he or she owes

• garnish (take money from) the bank account of a parent who fails to pay support

• garnish up to 50% of a joint bank account that he or she has with someone else, or

• make an order against another person who is helping a parent hide or shelter income or assets that should go toward support

The FRO can put more pressure on parents who do not make their support payments by:

• suspending their driver’s licences

• reporting them to the credit bureau so that it will be difficult for them to get loans, or

• cancelling their passports.

Once the order or agreement is filed with the FRO, then it is the FRO, not the other parent, that is responsible for any actions taken to enforce it.

Sometimes parents receiving support withdraw from the FRO because it is easier to receive payments directly from the other parent. But if problems arise later, and they want to re-file with the FRO, they might have to pay a fee to do this.

10. How to Reduce Child Support

 
Parents who have an obligation to pay support should also know that the FRO cannot change the amount that the order or agreement says they have to pay. If they think that a change in their financial situation justifies a reduction in the amount of support they should pay, they must get a new agreement or go to court to get the support order changed.

FRO can be contacted by calling 1-800-267-7263 or you can also visit their web site at www.mcss.gov.on.ca/mcss/english and click on “Family Responsibility Office”.

Additional information about child support and related issues can be found at www.russellalexander.com

 

438 Comments
  1. Rob Jackson #

    What if a child finishes high school at age 16, does not then attend any post-secondary school, and begins to work full-time at age 17, earning $24,000.00 per year while living with his mother? Does the father have to pay support until that child reaches age 18?

    March 12, 2012
    • Good question Rob. It does not sound like he is dependant or a child requiring further child support pursuant to the Child Support Guidelines.

      March 12, 2012
  2. Barbara #

    What if the parent who doesn’t have custody quits their job and goes on welfare? Can they still be forced to pay child support?

    March 12, 2012
    • Thanks for the inquiry Barbara. Depends on the income welfare is paying her. The child support guidelines have a baseline starting point. Reference http://lois-laws.justice.gc.ca/eng/regulations/SOR-97-175/page-11.html#h-10 for more information.

      March 12, 2012
    • Rob Jackson #

      Barbara, it is my understanding that if a payor spouse is intentionally under-employed or intentionally unemployed, the Court can impute income to that parent. In other words, the Court can say: “Payor, you should and could earn $X, even though you actually only earn $Y, and therefore you will pay support based on $X.” It’s a way to force the payor back to the workforce from which he/she intentionally withdrew.

      March 12, 2012
      • Zachary V #

        Hi, 2 years ago I was sent to jobcorps when I was 17. Jobcorps is like a university campus where you stay 24 hours a day and 7 days a week if you choose. Well my mothers ex.husband paid her child support but she kept it for herself instead of giving any of it to me for the 2 years I was there. I was just wondering if I was able to get this money. P.s also during these two years I stayed at jobcorps a was supported by the campus not her, I didnt recieve any clothes, food or money from her. Please reply…..thank you

        June 15, 2012
        • If jobcorps was the organization that supported you it might be up to jobcorps to seek some compensation or support from your mother who received the child support on your behalf. There are likely other factors and considerations at play here. You should seek legal advice from a lawyer in your community.

          June 16, 2012
        • pinklove212 #

          Yes i have a question. For all the years my dad has been giving me child support my mom has been using it on her own things and she recently reported my dad to the court and he is supoosed to pay more now. But i am no longer living with my mom becase she was an unfit mother she lost her house, doesnt provide food for me or take me to work all she does is go out and leaves me home alone and i am a minor but i graduated school already. So i went to go live with my sister and my sister is always there she cooks for me and provides a good enviroment for me at her house. I would like to report my mother to child support for not giving me a dime and being an unfit mother. The only thing is i dont want to causr problems at my sisters house becaudr my neice is living with her father at the momment until my sistet gets her car but the dad still hasnt reported that hes living with her. What should i do? What would be the best option? Because my dad woks allit so he wouldnt be able to pay me attention please help me thank you

          June 16, 2012
          • Sounds like you have a difficult relationship with your mother. We would require more information to be able to provide a meaningful response. Please call us if you would like to have a private discussion. 1 (905) 655-6335

            June 17, 2012
      • rae #

        I have four kids the father has to pay me fifty dollars a month.Ages 12.12.15.13.Makes me sick he had good jobs waS paying me 600 a month till he kept quiting his jobs just cause.So he asked for a review and had gotten married then divorced then married again then two more kids..So four with me one with his wife after me then two kids after that so seven
        kids all together makes me sick…what can I do to fight to get all his fed taxes?

        August 14, 2012
        • Thanks for the comment Rae. Your options would depend on where you live. In Ontario you could ask the court to impute an income to the father if he is intentionally unemployed or under-employed. You should meet with a lawyer in your community and get some legal advice.

          August 14, 2012
  3. jennifer #

    Hi My brother was just served papers from a child that he never knew existed. The child, now 20 is suing my brother for retro child support. First does my brother owe 18 yrs of child support to a child he never knew existed? What other factors taken into consideration? If this child had a father figure and both her mother and step dad raised her then her needs were met. If my brother was involved in this childslife there are many more ways that raising the child expenses would have been reduced (eg childcare). Also my brother has 3 young children, if he knew this child existed then it is possible he would have stopped at having 2 children instead of 3. This seems completely unfair for a young family to be slammed with.
    Jenn

    March 13, 2012
    • Thank you for your comment Jennifer. Retroactive child support issues are never easy. On one side you have the best interest of the child, on the other you have the burden or a retroactive and often large child support order.

      The Supreme Court of Canada recently dealt with these issues in the case of DBS, reference: http://www.canlii.org/eliisa/highlight.do?text=retroactive+child+support&language=en&searchTitle=Canada+%28Federal%29&path=/en/ca/scc/doc/2006/2006scc37/2006scc37.html

      This should be a good starting point for you and your brother. It is important that your brother seeks the assistance of a lawyer to help him through the court process. Good luck.

      March 13, 2012
    • Rob Jackson #

      Jennifer, there is 2011 case law out of Ontario that says an independent adult cannot claim retroactive child support. Here is the link to the case. See paragraph 18.
      I hope this helps.
      Rob
      http://www.canlii.org/en/on/onsc/doc/2011/2011onsc2588/2011onsc2588.pdf

      March 14, 2012
      • Good case Rob, thank you.

        The analysis is very fact driven. For this argument to succeed the child would need to be over 18 when the Application was commenced and there could also be some issues of dependency as well.

        Jennifer’s brother should get some legal assistance.

        March 14, 2012
    • Rob Jackson #

      I absolutely agree that Jennifer’s brother should get legal advice. My comments are only to assist in getting information about the issue. A lawyer is definitely needed for Jennifer’s brother.

      March 14, 2012
  4. LisaMarie #

    What can I do if my childs biological father has never paid a dime of support for his child who will be 18 next year. He has always had access to the child, I have pictures to prove it, and my son can verify this. His family has also had access. In 18 years he has not offered nor has ever been made to pay support. What are my options as the parent that has always taken care of our son. Please help.

    March 14, 2012
    • Thank you for your comment LisaMarie. You should seek the assistance of a lawyer and consider going to court and requesting a support order. The further you delay the harder it will be for you to make a retroactive claim for support.

      Good luck.

      March 14, 2012
  5. Ashley Daines #

    My son is now 17 and left school at 14 and did not complete his grade 12, I have been seperated for 3 years and the agreement I have with his mother is to pay him directly which I have done, he has now decided to leave his mother and get an apartment and a job which in my mind means he is now an independant person, he says he will not be going back to school, so my question to you is do I carry on paying him or can I stop? I’m sure he will be after money sooner or later and maybe I can help him out at that time but I dont know if I am doing him any favours by keeping on paying?

    March 16, 2012
    • Thank you for the comment Ashley.

      Every jurisdiction has different rules. In Canada your son may still be considered a dependent if the matter is subject to the Divorce Act.

      You should retain a lawyer in your community and get a legal opinion taking into account the circumstances of your particular case.

      Good luck.

      March 16, 2012
  6. Jenny #

    when you turn 16, and you live with your mother and you have just recently left school, are you entitled to some of the child support money ?
    because i tried to make a deal with my mum to get half of the child support money until i get a job. i want to know if legally i am entitled to the money.

    March 26, 2012
    • Thank you for your comment Jenny.

      The claim for child support may end if you are no longer in school full time and no longer considered a dependant child.

      You should contact a lawyer in your jurisdiction and seek advice.

      The Law Society of Upper Canada in Ontario offers a lawyer referral service, reference http://www.lsuc.on.ca/with.aspx?id=654

      Good luck.

      March 26, 2012
  7. AsadFather #

    I am always reading about what happens if fathers don’t pay child support and than I get the basic FRO answer. It shows me that the law has no sympathy for paying fathers who support their children ongoing. I like to ask a question of why does the law not check what the receiver does with that hard earned $ which is tax free for the mother. In my case the children have been placed through Children’s Aid in a temporary care of the Grandmother since the mother has sold the home has moved to another town and is a proven alcoholic, Children’s Aid has seen the mother not fit and the children are now placed in the care of the Grandmother which is complaining that she is not receiving a $ since the daughter (mother of the children) is using it for drugs and alcohol. So know you are telling me that I have to get a lawyer on my expense to ensure the mother is not spending my child support money on alcohol. Awaiting your advice. And by the way if I would not ask the question, Nooooooobody cares what happens to $ paid to children…Nooooooobody.

    March 26, 2012
    • If the child is not in the mother’s care then you should not be paying her child support. Perhaps your child support should go to CAS or the Granmother whoever is currently caring for the child. If the mother does not consent to a change in the current support order or agreement you may need to ask the Judge to make a new order.

      Please refer to our earlier comment today with reference to the LSUC’s lawyer referral service for assistance.

      Good Luck

      March 26, 2012
      • AsadFather #

        Thank you very much for your fast response. I am aware that i should not pay the support to the mother, but if not payed the FRO will go after me since they don’t care about the mothers circumstances. Do I have to get a lawyer or what are my options to seek a judge in court. What do I have to file? Thank you for your time.

        March 26, 2012
  8. Cathy #

    My child is now 20 and working part time. I am still receiving child support payments. Should they have stopped now that he is working?

    March 28, 2012
    • That all depends on the particular circumstances of your case Cathy. If your child is intending to return to school full or obtain post secondary education or is still a dependant as defined by the Divorce Act then maybe the support should continue.

      Ordinarily, in Ontario if a child over 18 and no longer attending an educational institution full time then ongoing child support should be reconsidered.

      Hopes this helps. Thank you for the inquiry.

      March 28, 2012
      • Cathy #

        Do I contact the courts to stop payments or do I wait for the father to do that? I don’t want the payments Im receiving to come back and bite me in the rear later on.

        March 28, 2012
        • Usually the parents can work this out on thier own. If the payments are being processed by FRO then that agency will require written notice of the change.

          March 28, 2012
  9. diale davis #

    I have been paying my child support since 1988 and have paid this off three times
    North Carolina keeps finding another way to keep adding more to the support
    Than I owe, my son and I keep in touch a couple times a week every week
    He lives in Rocky Mount NC I live in Idaho Falls Id. He has brought his family and my two grand kids
    To Idaho several times and I have gone to NC several times to visit also, point I am getting at is we get along very well he is a good kid, at this time he is 26 years of age, *** x’s mother abandoned
    the boys at the age of 6 years old, due to a bad drug problem, so they went to there Grand Mothers to live
    I have never seen any paper work on Justin being put into a foster home, and there isn’t
    Any thing in my paper work stating a update on foster care,
    I have paid my child support off 3 times now, now North Carolina is saying that I owe 1790, more I have kept all my paper work from day one by my calculations I have now over paid about 2330.00, can NC just keep adding it on and on
    Because the kids were put into a foster home, there was no foster home they went to there Grand
    Mothers home to live, then to an aunt’s home to live. If I would have known that ***
    Had abandoned x I would have Taking him into my home, nobody contacted me what so ever.

    There was never anything said to me about this until now that they were in a foster home
    And after talking to my son he has made it clear that they were never in a foster home
    Is there anything I can do to put a stop to any of this?

    D** D**

    April 1, 2012
    • You should contact a lawyer in your community and seek legal advice specific to your situation.

      Good Luck.

      R

      April 1, 2012
    • RK #

      My husband is going through the same thing he has been paying child support since 2001 and he owed 26k back child support I added up what he has been paying for the last 11 years and his child support was paid off and then some now they are trying to say that was just Interest and that he still owes another 34k this is BS and very unfair ….

      August 22, 2012
  10. Mrs Reena Hicks #

    My husbands son is a Sr in High School, and is 18.He moved out of his custodial mothers home well over a year ago, moms been getting the payments and not giving her son any of it.(we reported he was not living at her house any more, and the courts have done nothing.His son gets none of the monies we pay..and she is not paying in anything, we have been told she is trying to be served, but..she has dodged the process server. I pay my husbands child support, because his seizures are so severe he can not work, or drive..we applied for Social Security Disability for him 3 years ago were still in appeals, being told its looking good for him?However I got sick and have been on FMLA leave due to a severe hearing loss..voc rehab is getting me fitted with special equipment, so I can get back to work.It left us with zero income, for two months so we haven’t been able to pay in, now we got a letter today Social Security Disability was asked by child support to get some of my husbands, possible disability(that he currently does not receive) His son will graduate in May and head out to school in the fall(he has been accepted in a college under scholarship) But I can’t see us paying money to him he dose not receive…the case order is in Oklahoma(his son is native American) we are in Missouri.do we have any options???

    April 3, 2012
    • Mrs Reena Hicks #

      Also his son lives with his girlfriends family..not even a family member.(he would be with us, but he doesn’t want to live so far from his friends his Sr year of High school)His moms issues forced him out of the home, with her.

      April 3, 2012
      • You should try to locate a lawyer in your community and seek legal advice specific to your case. Good luck.

        April 3, 2012
    • You should try to consult a lawyer in the jurisdiction where the Order was made and get legal advice as to how you terminate or vary that Order. Good luck.

      April 6, 2012
  11. Andrew #

    I have a support order in the province of Ontario dated June 2004 for 2 children. They are currently 20 (living with us full time) and age 18. My 18 year old is in grade 12, and has recently moved out on her own due to the fact her mother has moved in with her new boyfriend and “she was not welcome there” My wife and I live in a rural area, and offered her to move in with us, but due to the rural nature she chose not to. My ex and I decided to adjust the payable amount when my son moved in with us, going by both her and my income the amount of support difference payable by me was to be $220/month. My ex was unemployed at the time, and I agreed to continue paying half of what I was ($300/month) until she found employment. This all occurred prior to my daughter being forced to find alternative housing. She works part time and makes good money(we do her taxes), and I am currently still paying her $300/month to live on her own. What is my legal entitlement or responsibility in a case like this where I offerred her residence with us but was declined, and she is now over 18 years old, will be done school soon (future plans unknown to me but I suspect she will work fulltime for at least a year) Do I need to continue to support her when she is not going to school and living on her own. Dont get me wrong, I wont see her in undue hardship, but just need to know what my official legal reponsibilities are.

    April 9, 2012
    • Offering resendecncy and your requirement to pay support may be two entirely different issues. Also the timing in the break from your child’s part time to full time studies may also be an important consideration when determining if support should continue. Further your child may or may not be a dependent as defined by the Divorce Act which would be another factor to consider. You should spend some time with a lawyer in your community and get legal advice specific to your family and circumstances. Good luck.

      April 9, 2012
  12. Jeanette #

    Recently my fiance was taken to court for a seventeen year old child whom he did not know existed. Our lawyer was able to get only a 1 1/2 back pay instead of the 17 years they were requesting. The documents say that we will need to pay it until she is 18 or if she goes to college and lives at home, until she is 20. However, what are the stipulations? We saw her about a week ago and she appears to be very pregnant. On top of that, I don’t believe she’s living at her moms but we have no proof. I think it’s wrong that a woman can wait until the child is brain washed into hating her father and then go for child support. He would have loved to been part of her life and is an amazing father to his other three children. Furthermore, I think it’s wrong that her mother has remained on welfare the entire childs life and because my fiance chooses to work they are making us pay $600.00 a month and taking from our own family. Where are father’s rights?

    April 10, 2012
    • Thank you for your recent comment Jeanette. Your matter is more complicated than simply providing a blog commentary. You should seek legal assistance and are welcome to contact our office to schedule a more detailed review and obtain legal advice.

      Good luck.

      April 10, 2012
    • arturo #

      im in te same situation,ive beeb paying support for 15-16yrs of support,im 45 and hv 5 other kids i support that are mine,and just herd from my niece she saw my daughters face book stating she coulnt wait till she had her baby in her arms, while that news really hurt me even though i havent been able to see her for 13yrs due to we live in different cities,but most of all i feel this chid support should stop,she seems to me that she is acting grown already i hope the best,but mother needs to stop asking for support

      July 6, 2012
      • In Ontario, child support is usually paid in accordance with the child support guidelines. If your child is still in school full time or is still a dependent then it is likely your support will continue. If your access or relationship with child is being denied you could ask the court to make an access order or consider getting some counseling to help you and your child with your relationship.

        July 7, 2012
  13. Angel #

    If a parent lets call them parent-A had the child and was recieving support from parent-B, but then parent-B got custody of the child, and asked for support. but parent-A claims they only make 10,000 a year, which makes them pay nothing for the child a month, but is a manager at a pizza store, so you know they make more then what they are claiming. how can you go about making them pay anyways. parent-A clearly has a side deal going with there bosses so they do not have to pay child support. But parent-B has the child full time and needs the financial help from parent-A because parent-A does not pay for anything for the child. can we have a judge rule to make them pay even if what they claim a year means they pay nothing a month? or is parent-B going to get screwed?
    Thanks
    Parent-B

    April 12, 2012
    • If your point is that parent A is hiding or under reporting his or her income to avoid paying a proper level of child support you can consider requesting that the Court impute an income to Parent A. You will need to provide some evidence as to the real income of parent A including banking records, credit card statements, statement of net worth and lifestyle and expenses, etc.

      Good Luck.

      April 16, 2012
  14. Justin #

    Thank you for taking the time to read my comment, I hope you can provide insight. I have been paying support on my daughter for 6 years now (she is 8). Both my daughter & her mother had lived with my daughters grandfather until recently. Now, my daughter is still there but her mother has moved in with her boyfriend & no longer stays with my daughter at all. First question. Shouldn’t the mother that I am paying have to live in the same household as my daughter that I pay her “support” for?!? Secondly, I see my daughter from 4 p.m on Friday until 4 p.m on Saturday, when I do get to see her. I have kept track of the past 50 weeks. I have only had my daughter for that 24 hour span of time 32 out of those 50 weeks. Is there a way that I can have the court demand that I see her more, even though I do not have visitation set up or have custody? Any answers are greatly appreciated. Once more, thank you & take care.

    April 14, 2012
    • There are 2 issues at play here. First if your daughter is no longer living with her mother but the grandmother then perhaps the child support should be paid to the grandmother since she is caring for this child.

      Second, access is a right of the child to spend time with each parent. If you think your time with your child should be expanded and increased you may ask the Court to consider making changes to the current access arrangements.

      April 16, 2012
  15. Esther #

    Does the parent who has custody have to have a job if they receive child support? This parent who collects has not had a job in 7 yrs would the judge order this person to work. Or can they just sit back and collect welfare and support.

    April 14, 2012
  16. Sophia Reynolds #

    Me and the father of our kids live in the same household (Living with a friend of his fathers) but I am the one that supports them financially while he pays child support for his 3 other kids by a different lady. My youngest he has never bought anything for and my oldest got some packs of diapers & wipes when he was a newborn. I’m getting ready to move soon can I go ahead and file for could support now or fo I have to wait

    April 22, 2012
    • Thank you for the comment Sophia. It depends on the Rules in your particular jurisdiction. If your move is imminent it might be an idea to file your Application or Claim for support with the court. It will likely take some time for the court to process your claim or you could try to negotiate a settlement outside of the court system. In any event, you should speak with a lawyer and get legal advice. Good Luck.

      April 22, 2012
  17. Casey Skipper #

    My Fiance is paying 660.00 a month for his two children 13 and 15.We keep them half the time,is there anyway we can have CS reduced?If so then how?

    April 29, 2012
  18. krista #

    my question is having 2 children but one lives with the other parent do they still pay for the other child?

    April 29, 2012
    • You need to be more specific. One child with you and the second child is with the other parent? What are the corresponding child support obligations? If this is the Q. then see our comment below and the reference to the Contino decision.

      April 29, 2012
  19. What if a child finished high school at 16, is working part time and is moving out of her moms house and into there sisters and starts college at 17 is there any way that child can recieve child support to there bank account as direct deposit?

    May 4, 2012
  20. Joe #

    i was married for about 2 years, now going through a divorce. when i met my wife she was on Medicaid and food stamps. she had a 3 month old and a 17 month old. the birth father disappeared for most of the 2 years of our marriage and rarely EVER paid support. i recently came to find out he decided to come back, leave his other 2 kids and claim he was a “changed” man. she only filed for support for the oldest child but never the younger one.
    long story short, she’s threatening me for alimony and even child support. do i have any responsibility here?

    May 7, 2012
    • Joe #

      i left out that i supported her and the children for the duration of our marriage. she never had a job in the time we were together as well!

      May 7, 2012
      • You may or may not have an obligation Joe. This will be a fact driven analysis.

        You should seek the legal advice and help from a lawyer in your community.

        Good luck.

        May 8, 2012
  21. Miss kim #

    hello my question is my fiance has been seprated with his ex 6 years he started paying her $500.oo dollars every two weeks rounding the agreement ro 1000.00 a month some months are more beings he gets paid 3 times in the moneth instead of 2 making the total $1500.00 for 3 children now when hios sone turned 18 we dropped it down to $400 every 2 weeks my question is the ex is living with her father always have and from whati understand alays will she does not work except maybe when a teacher calls out she might earn maybe 100.00 a month she has her mother who buys every thing for the children name bran clothing and shoes etc… goes on vacation quit often wich sometimes gets the children out of school but my qustion is does child support look at the payees as sole income for the mother if she has no bills but the bills she creates as far as car payments credit cards etc… does she never have to work because she gets child support his 2nd child is turning 18 this month and leave him with one child to pay wich we were gonna bring it down to 600 a month please help me understand better thank you ….and will the stte give u a detailed thing of where this money goes ebings we know it is for her and not the kids !!!!

    May 13, 2012
    • Is this 18 year old still attending school full time?

      May 13, 2012
  22. karen #

    my ex and i have two boys one 14 that lives with me and an 18 year old that lives with his father. My ex has been off work and now makes less money then myself. he is in a common law relationship and just received an inheritance from his father’s estate. he is suing me for backpay of child support half of our son’s college, his lawyers fees and 38 dollars a month in child support. is this possible???

    May 14, 2012
    • Sounds too complicated for a blog response. Please give us a call to discuss further.

      May 14, 2012
  23. j reyes #

    Hello i read the above statements. But i was wondering my ex has a lil 3yr old n her biological father never wanted ne thing to do wit her, but now he does but he dont work or pay any CP at all but he only calls or wants to see her once in a blue moon, does she have to let him see her if she dont want to, i say ge should pay 1st if he wants to see her. Any suggestions?

    May 14, 2012
    • Access and support are usually treated as two separate issues.

      Access to the child should be in accordance with the child best interests.

      May 14, 2012
  24. Tara Hudda #

    Hi,
    My daughter is 5 yrs old. My ex took me to court for custody and lost. I have full custody and he is to pay $660 per month (support + extras for daycare) for my daughter after the court impuned a salary on him. He took me back to court as he started another family and has 2 kids and can’t pay. he currently owes $10,000 in back support so the courts agreed to lower it to $250 per month. he works under the table and has never provided financial records. This year he did not file income tax since he knows it comes to me and since april has not paid support. He stopped seeing my daughter in November 2011. What can I do to get support? T.

    May 14, 2012
    • If you are in Ontario, you can ask the Family Rsponsibility office to help you enforce the current court order. If not,you should seek the assistance of a lawyer for some help. Good luck.

      May 14, 2012
  25. Giovanni #

    Hi, I have a huge problem. I have full custody of my 10 year old boy. I have had custody since he was born. His mother hasn’t paid me a dime… Ever… Recently I allowed her to spend time with him, doing so she placed an allegation of child abuse to dcfs and stated that I beat my son… In attempts not to pay me anything. Obviously I beat the case and it was unfounded. My question is… What can I do as far as collecting back pay… Also thanks to the allegation I list my job working with the city… I have 6 boys to raise and things are can you give me some advice plz on what my next move is? Tannin

    May 15, 2012
    • This sounds very unfortunate Tannin.

      You may need to go to court and ask for assistance. The first step I would recommend would be to see a lawyer in your community and get legal advice.

      Good Luck

      May 15, 2012
  26. Toni Ramsey #

    I have a question about my CS, if im currently married and my husband pays me child support and we live together, am i still entitled to him paying me?

    May 15, 2012
    • The purpose of child support is:

      Objectives

      1. The objectives of this Regulation are,

      (a) to establish a fair standard of support for children that ensures that they benefit from the financial means of their parents and, in the case of divorce, from the financial means of both spouses after separation;

      It is not meant to be an allowance from husband to wife when they are living together.

      May 15, 2012
  27. Can my mother get back pay child support even if I’m 20 years old? My father never helped her at all.!

    May 17, 2012
    • This question is discussed in our previous comments. Good Luck

      May 17, 2012
  28. Jody K #

    My husband pays child support to his ex-wife for his 16 year old son. Recently, we found out that his ex-wife gave the child support debit card to their daughter (who is 23 years old) in another state to pay for her car payment. Is there some way we can dispute this? I feel as if his son is not receiving the money we send for him but it is being misused. His daughter even told him that the money is not for her brother, he is taken care of by their mother, that money is hers. We live in Oregon.

    May 18, 2012
    • We do not Practice in Oregon. In Ontario Canada as general rule a support payor cannot second guess how the support recipient chooses to use his or her child support. If the parent receiving the support is paying for the child’s housing, heat, food etc. then the support payment is designed to help that parent with those expenses. For example, the parent could use her rent to support an adult child and use her child support for her rent, the out come is the same.

      May 18, 2012
  29. dd #

    my husband went to court on 05/22 and the judge order him to pay $610 a month which equals to 0.712% of his sons expences plus insurance and 70% of all medical expences my husband wants to know if he can just file for custody and rather then pay all that money which we all know the child is never going to see and the mother is on welfare

    May 24, 2012
    • Custody is not determined by the % of expenses a parent pays. It should be determined by the best interests of the child and the parenting plans of each parent.

      May 24, 2012
  30. Sasha #

    I WILL BE MARRING BY BOYFRIEND OF 7 YEARS. HE OWES CHILD SUPPORT FOR THREE CHILDREN. WILL I BE ON THE HOOK FOR HIS CHILD SUPPORT AT ANYTIME?

    May 29, 2012
    • Perhaps if you stand in place of a parent for this child. It is unlikely you will have liability for past support prior to your relationship. But joint assets might be subject to attack.

      May 31, 2012
  31. Linda #

    Ah child support is usually such a contentious issue and this question continues on in the same vein. My husband, 19 years ago, impregnated a young woman. He wanted and tried very hard to be in the child’s life. Long story short she one day vanished. He was informed, by her, numerous months later that she had moved to another province. The phone number she had provided him was subsequently disconnected shortly thereafter. He and his family had tried to find them to no avail. Now thanks to the marvel of Facebook he has tracked her and the child down. I know he would like to make contact more than anything. A day does not go by that he does not think about the “adult-child”.

    Here is the question:
    If he made contact, can the mother try to get support from my husband? We know nothing of the particulars, if the child is in school or where the child is residing. We do know the age, of course, and the child is 18.

    It would just be a real shocker if she was able to keep the child away for all these years and then apply for support. Especially since my husband wanted to be a part int he child’s life.

    Is there a law of statute of limitations on child support?

    May 29, 2012
    • Linda #

      To further clarify my question, is there a statute of limitations that one can file FOR child support?

      May 30, 2012
    • Difficult question, if child is 18 and living in Canada it is unlikely the court would have jurisdiction to order child support. See earlier comments on this topic below.

      You should certainly be kept informed of the child’s progress, marks, well being, etc.

      Good kuck.

      May 30, 2012
  32. Sharon #

    I have a court order, took 3 years to get, My oldest son is now attending college and the court order specified that child support would be reinstated and now my ex refuses to sign the necessarey consent form to increase child support ( also court ordered) . He claims my son does not qualify ( in his opinion) due to my son withdrawing from parental control ( no such thing happended… my son does refuse to see his father due to abuse- my son is 20 now) The court order does not have any provisions for age or time limit just say, when he attends, child support is to be paid along with pro rata share of education. Is this breach of court order and how do i proceed.

    May 30, 2012
    • This is a difficult question. The answer would depend on the specific language of your court order and circumstances of your case. Please feel free to call us to discuss further.

      May 31, 2012
      • Sharon #

        how do i get a hold of someone, my answer suggested i call to discuss.

        May 31, 2012
  33. Johnny #

    How can you find the parent to pay child support when you don’t have their S.I.N or current address? They still live in Canada I believe in AB.

    May 31, 2012
    • Have you tried conducting a driver’s license search?

      May 31, 2012
      • Johnny #

        Do you have to see the police for that?

        May 31, 2012
  34. Hannah #

    Hi My fiancee is going to court on Tuesday for child support, custody reasons. With his Ex that he is going to court with, they have 2 kids together. She already has full custody of the little boy but is wanting full custody of both. She never lets him see the kids, when he tries all the time, but is just wanting more money. We also have a 2 month old daughter together, and as everyone know it is expensive right now with diapers, formula, medical bills..etc.
    So her lawyer is saying that her kids need all this money, but ours that we have together basically do not exist because it is not court ordered for him to pay anything. Is a judge going to say the same? if so why is it like that? Why does she get all the money for her kids, but we have to struggle to raise ours?

    June 1, 2012
    • It may seem unfair at times but support is the right of the child. The more children you have the greater your child support obligations.

      June 2, 2012
      • Hannah #

        Yes but wiill us having two children together lower the payments he gives to the other two kids?

        June 3, 2012
        • You can try arguing hardship if you reside in Ontario. But these arguments are difficult and rarely successful.

          June 3, 2012
  35. richard weatherby #

    I am currently paying child support… My kids are going to a different state and will not be living with their mom for 2 months. Do I still have to pay child support for those two months? If not, then who do I contact to get that support waived?

    June 1, 2012
    • In Ontario, the support payments for those two months would likely continue.

      June 2, 2012
  36. think i finally received my first direct deposit *my son is now 22, from fam resp, could this be the code on my bank statement? ATT-GEN-FAM-SUP May 29, 2012 SPECIAL PAYROLL

    June 2, 2012
    • You call your family support office and confirm.

      June 2, 2012
  37. IRENE #

    I want to transfer custody of my 12 yr old daughter to my parents, the father currently pays child support, I don’t have medical coverage and I want my children to be under my parents employers coverage. Does this mean that the father of my daughter doesn’t have to pay child support? Is there any other way around getting my children covered? Thanks for the help.

    June 4, 2012
    • Good question. The answer may depend on the rules of the jurisdiction where you reside.

      There is no reason why the father cannot transfer the child support to your parents. But if you a changing custody this may open up a claim for the father to seek custody as well.

      Good luck.

      June 4, 2012
  38. D #

    Here is our situation – the parents divorced, dad got custody weekdays, mom on weekends, court order for dad to pay mom $100/m in support for two children. At age 13, one child moved in with gramma, and we continued the $100/m. but to the grama. Mom paid nothing. Other child remains living with us and we receive no child support from Mom. At age 17 we increased child support to $200/m with mom still not paying anything. Child is now 18, and moving in with a boyfriend this summer then attending university for the next 5 years. We offered to pay $5000/year to help the adult daughter out with housing etc. Gramma wants us to pay an additional $400/m in child support – even though child will be living with a boyfriend who will be working full time. Are we responsible to be paying this much or since the child is now living in a relationship with someone are we good with sending her $5000/year? The $5000/year is a taxable benefit we will receive from the military to help with housing for a child in university while we are posted overseas. Province of child is Alberta.

    June 4, 2012
    • This may be a situation where both parents pay or contribute in proportion to this adult child’s education in accordance with their incomes. The child may need to make a contribution as well. Costs considered should be net of tax deductions / credits and any available grants or scholarships.

      June 4, 2012
  39. Weston #

    I pay support to my ex wife who has legal custody of our son. I am never aloud to see him unless she say’s it’s ok. All I want is to see him so I am currently trying to find out information on how to get visitation rights. She asked me if I would give up my rights and of course I said NO. She said that if I try to get visitation rights then she is going to sue me for “exspences”. I already pay support and I don’t owe back support so I want to know what else she can sue me for???? He is also on my medical insurance and hers as well.

    June 6, 2012
  40. I’ve been paying chils support for over six years. 600 per month faithfully never missed. Last year I had a partime job in md where we live. My ex found out about and now is trying to say she can go back and claim what Iearned even though I don’t work the second job any more. I feel if I’m trying to get my head above water after paying all my bills there is nothing left that, I’m being kept down for trying to catch up. Can she do that

    June 6, 2012
    • In Ontario, she could seek a retroactive claim. The leading Canadian case on this issue is DBS, here is a reference for you http://www.justice.gc.ca/eng/pi/fcy-fea/lib-bib/tool-util/topic-theme/rcs-par/notes.html

      The rules may be different where you live. You should seek legal advice.

      Good luck

      June 6, 2012
      • Child support or payment of “expenses” and access to a child are two completely different issues. Access is the right of a child to see have and have a good relationship with both parents in accordance with the ‘best interests of the child’. One parent cannot simply dictate access terms and conditions. If there is no agreement you can take the matter to court and ask a judge to make an order.

        Good luck.

        June 6, 2012
  41. Martha Borboa #

    i dont want my kids father see them because he never help my with money can I do that ?

    June 6, 2012
    • Your child has a right to have a relationship with both parents. Denying your child’s relationship with his father because of support issues may not be in the best interests of your child. We appreciate it can be frustrating for parents when support is not being paid.

      June 7, 2012
  42. Tornmother #

    Hello, My son wants to spend year before he enters middle school to live with his father. What happens to the garnished Child support wages that I am receiving, and the past due support? Do I simply give all the money back during the year that he lives with his father? Or am I entitled to any of it? Should I put something in writing? I have a feeling he will go to the court and have the child suppport reversed even though I’ve had my child with me for 11 years.

    June 6, 2012
    • Child support is usually paid to the child’s custodial or residential parent because they are bearing the costs of raising the child or children. You may have an arguement that support while in father’s care should be set off against any past due or support arrears that are owed to you. Any agreement you do a arrive at should be reduced to writing just in case there is a dispute a later date. It is also always a good idea to meet with a lawyer and get some legal advice.

      Good luck.

      June 7, 2012
  43. Cass #

    I’m in the military, pay E3 and a single parent of 2 kids that i have physically custody of and do not receive support for, my other child’s mother, who is also in the military, lives across country with my other daughter and I’m trying to figure out how much child support i should have to provide. Any help?

    June 7, 2012
    • Thanks for the question Cass. In Canada we use a table to calculate support called the child support guidelines. I am not sure if you use something similar in your community. A simple method to approach your matter would be to calculate what the mother, based on her income would pay for child support for 2 children. Then calculate what you would pay for support for 1 child based on your income. Then set off these two amounts and one parent would pay the other parent the difference (if there is one). Does this make sense?

      Good luck.

      June 7, 2012
  44. janelle george #

    Would a father still have to pay child support to the mother if she cannot provide for the child and sends the child out of town to another family member to take care of her till the beginning of next year??

    June 8, 2012
    • Do not confuse the purpose of child support with spousal support or alimony. If the child is not in your care then the child support may have to go directly to the family member who has care of the child. Or perhaps the child should go live with the father.

      June 8, 2012
  45. Sad Mom #

    I have had joint custody with primary residence for 14 years of our now 16 year old son, now my son wishes to live with his father. His father has always bought anything and everything for our son and showers him with expensive gifts. (buying his love), which I have never been able to afford to do. I do not wish for my son to go as his dad does not have any rules and thinks its ok to drink and do whatever, and I have rules which my son is now rebeling against, but all my son sees is the material things that his father can give him. If my child leaves will I have to pay CS to my ex, as my ex owns his own business and his income is at least 3 times what I make. I could you some advise as I do not want to have to go through the courts again. I live in Saskatchewan.

    June 9, 2012
    • Yes this is a difficult situation with no easy answers. If your 16 year wants to live with dad you may have to allow this and let him see if the ‘grass is greener on the other side’ so to speak. The easiest solution may be to do a trial run and suspend support payments all together. If he decides to stay with dad your receipt of child support should terminate and you should likely start paying child support based on the child support guidelines.

      The recipient’s income (here the dad) is not relevant unless you intend to claim hardship or there are section 7 extraordinary expenses that requiring sharing between the parents.

      In any event, you should consult with a lawyer and get some legal advice.

      June 9, 2012
  46. Val #

    I need help!! Me & the father of my child are not together we live in diff. states FL & OKC his working but is off the books & i dont know how can i prove it what can i do to get childsupport for my baby.. also he apply for ss (bipolar) but i dont know if he got aproved.. I dont know what to do

    June 10, 2012
    • You should try to find a lawyer in your community and seek some legal advice.

      Good luck.

      June 11, 2012
  47. Jay #

    hello there my question is this what if the custodial parent remarries and moves to another state and my daughter whom is 16 decides she wants to live with her grandmother so she doesn’t have to change schools i offered to have her live with me but she rather stay where shes at in in a different state as well wouldn’t me and my ex have to pay child support to the grandmother or would it close my case unless the grandmother reopens it and wouldn’t that in fact make both me and my ex responsible for support?????

    June 10, 2012
    • The rules tend to be different in different jurisdictions. However, if the child is not living with eithor parent but living with a grandparent, then it would seem reasonable that both parents would contribute towards the child’s expenses and each would pay the grandparent based on his or her incomes and the appropriate child support guidelines or table.

      June 11, 2012
  48. ANGELA WALTER #

    mE AND HUSBAND SEPERATED 12 YEARS AGO, NEVER WENT TO COURT, HE AGREED TO PAY 725.00 A MONTH FOR 2 KIDS FOR 5 YEARS, THEN MY SON LEFT THE HOME AND WENT ON HIS OWN, HE CONTINUED TO PAY 725.00 A MONTH FOR MY DAUGHTER. HE STOPPED PAYING 4 MONTHS AGO AND KEEP TELLING MY HE HAS NO MONEY, HE STARTED A BUSINESS AND SAYS HE WORKS 18 HOURS A DAY BUT DOESNT GET PAID. MY DAUGHTER WAS ACCEPTED TO A COLLEGE, SHE WILL GRADUATE IN JUNE. HER FINANCIAL AIDE WAS BASED ON MY INCOME OF 10,500 PER YEAR PLUS HIS CHILD SUPPORT OF 725.00 PER MONTH, HE HAS STOPPED PAYING, WHAT CAN i DO. mY DAUGHTER HAS LIVE FULL TIME WITH ME FOR THE LAST 12 YEARS. SHE IS 17. wHAT CAN I DO AND WHAT ARE MY RIGHTS?

    June 11, 2012
    • Angela:

      If you reside in Ontario, should could file your agreement or order with the Family Responsibility Office for enforcement. If not, you should inquiry if your community has a similar agency.

      Good luck.

      June 11, 2012
  49. monique #

    My son is 20 and has completed one year university. He had to drop out due to this divorce and failure of his stepfather to help. He wishes to return as soon as there is an order of support,
    His stepfather now says he never viewed him as a son even though he paid his benefits, treated him as a son and even sponsored him to emigrate to Canada thus sighing a promissory note of supporting him for for 10 years when he landed. This 10 years has not yet expired. He did in fact treat my son as a son and my son felt that he was his father. My son’s biological father did pay a small sum of support during this time but we moved several times to foreign countries to support my husbands career and thus kept my son from having a close relationship with his father. My soon be be ex made 6 times the income of the bio father and my son lived a very different life due to this income. Will I be able to get child support for my son?

    June 11, 2012
    • Thank you for your comment Monique. If you reside in Ontario and do not currently have a court order for support, there may be no jurisdiction for the court to now order support for an adult child who is 20 years old.

      See our earlier comment thread that discusses this point specifically.

      Good Luck.

      June 12, 2012
  50. kent west #

    We together have 4 children, Sense separation, my wife has three children and I have one, the oldest son (15) Should I be supporting the three she has, or only two children due to the fact that i have one child
    thanks

    June 12, 2012
    • Please reference the Contino analysis discussed earlier in this comment stream. There is no simple answer to your question and both you and your wife should seek legal advice. Some parents would calculate your table guideline for three children based on your income and your wife’s table guideline for one child based on her income; then set these two figures off against each other and pay the parent with the lower amount the difference. Other considerations would be section 9 of the guidelines and any possible hardship factors.

      Good luck.

      June 12, 2012
  51. Marie #

    I live in Ontario & I have been served with court papers (Motion to Change) to terminate support for my two sons. I have already volunterily terminated support (2 months early) with FRO for one son because he has just now received a Diploma from college. My other son who is 22 has been in full time education at community college earning pre-requisites for a 4 year University Program. He was not accepted to the University Program because he missed one credit but is earning it through summer school. There is now a waiting list for the program he will be entering & therefore will not be able to start the program until next year since the program to start this fall has a lengthy waitlist. My ex is asking to terminate support for this child effective last year & asking that I repay the entire year of support I received while my son was enrolled in fulltime education earning the required pre-requisites. Will I have to repay this support even though my son was still in school and is still dependent & not self sufficient? Also, if the child support is terminated because my son will be out of school for a year awaiting entrance into the University program next year could he be re-entitled to receive support when he returns to school?

    June 13, 2012
    • There is no clear answer to your question other than it depends on what Judge you get and the particular circumstances of your case and family. If your son was working while getting his extra credits and was no longer dependent then child support might stop for that period and recommence with his full time studies. If no employment and still fully dependent then the support might continue to cover the gap until he completes his eduction.

      Good luck. Hopes this helps. If you need to discuss in greater detail or require legal advice meet with a lawyer.

      June 13, 2012
  52. Mackenzie #

    My husband sadly conceived a child when he was very young, the mother constantly is going after us for money! He already pays child support plus 77% of all other expenses such as extra curricular activities. We recently bought a house and had our first child, my question is can this affect how much he has to pay for the other child? Now that he has to support more than one child could we ask to get him CP lowered? Also we live in alberta if that makes a difference. Thank you!!

    June 13, 2012
    • That is a good question Mackenzie. You should consult with a lawyer in Alberta and get some legal advice.

      Subsequent children may not affect your husband’s obligation to support his first child. In other words, the first child should not suffer because your husband chose to have additional children. I know that his not the result you are seeking but perhaps your lawyer will see things differently. Good luck.

      June 13, 2012
  53. jamie #

    I live in Ontario and the father is in the USA. The custody order was filed in the USA. Is child support based on the guidelines of the state where he lives or is it calculated from Ontario?

    June 13, 2012
  54. Julio Fajar #

    My child was born 12 yrs ago and I have been a father to him 100%. I separated his mom 10yrs ago because she cheated on me with the neighbor and got pregnant with a set of twins. I found out when the twins were 2yrs old. I could not remove my name from their birthcertifacate because they were born under the marriage and the state of CA did not allow me to remove my name and she knew they were not my kids, which I believe is a crime. And now 12 yrs later I did a DNA test to my 12 yrs old and the results are that I am not the father and she knew that I am not the father. What can I do? My 12yr old was not born under tha marriage.

    June 16, 2012
    • This is a very difficult situation. The rules tend to be different depending upon where you reside. You should see a lawyer in your community and get some legal advice.

      Good luck.

      June 16, 2012
  55. Jessica #

    what do i need to put my babys dad on child support?

    June 16, 2012
    • If we assume the child is with you and not the father, you will need an agreement with the father preferably reduced to writing. If you reside in Ontario, the support would be based on the father’s income and the child support guidelines.

      If the father will not agree to pay child support you will need to go to court and ask a judge to make an order for child support for your child.

      Once you have a written agreement or court order for support, you can file these documents with the Family Responsibility Office for enforcement.

      Good luck.

      June 17, 2012
  56. Patricia #

    Do I have the legal right to know everything as a wife even financial child support of my husband to his child from his ex common law?

    June 16, 2012
    • If you separate or divorce your husband then this information would be relevant and you would be entitled to know these details. How much information you and your husband decide to share during the course of your marriage is a decision for the couple to make.

      June 17, 2012
  57. Cathy #

    Hi I have a son which just turned 10 months & his father doesn’t wanna help me in no type of what I had uneployment before now I don’t & I recently got hire for a job but I would like to put him on child support but he’s already in child support by his other baby mother the child is 3 years old now n he’s been Payin 120 a week for her now if I was to put him on child support would they split that 120 equally for both children or would I get more cuz my son has more expenses?

    June 18, 2012
    • If you reside in Ontario the child’s father would pay the table amount for child support based on the child support guidelines. Each jurisdiction has unique rules so you should consult with a lawyer in your community and seek some legal advice. Good luck.

      June 18, 2012
  58. Melissa Boone #

    My son is 3 yrs old and his biological father keeps quitting his job and not filing his taxes because he doesn’t want to pay child support! What can I do to fix this issue ?

    June 18, 2012
    • Melissa:

      Support payors have a duty to maximize thier incomes. You may have to go to court and request that income be imputed to him and base your child support on the impute income.

      June 18, 2012
  59. lizzi #

    for medical coverage will that stop when the child turns 18? Because im 18 now and it hasnt stopped but my dad say it will when i turn 19 in December but i wont be done with school until that coming June. I live in Minnesota.

    June 19, 2012
    • We are not sure we understand your inquiry Lizzi. Please give us a call to discuss further.

      June 19, 2012
  60. lily #

    my ex-husband pays support. since our divorce I have picked up the pieces and have saved a little bit of money (tax return, gift from family member). Will that be held against me when we renegotiate terms? Does my savings get taken into account or just my income and the cost of raising our child? Thank you!

    June 19, 2012
    • Are you inquiring about child or spousal support? The recipients’ savings may be irrelevant to the issue of child support.

      June 19, 2012
      • lily #

        Child support. He is clearly in a better position financially but wants to pay as little as possible. If I have savings can he say that I have money and therefore he can pay less? When I say money, I mean about 25k in savings. Wondering if I should move that money. Thanks for your advice.

        June 19, 2012
        • These comments do not constitute legal advice and should not be replied upon as legal advice. These comments represents a general discussion only. In Ontario, a recipient’s savings are not relevant to the payor’s requirement to pay child support. Support should be based on the child support guidelines and the income of the support payor.

          June 19, 2012
  61. barbie #

    ok. So things are in motion with the divorce (yey!) I was with my daughters father for 12years. We have both moved on.
    When mother and daughter moved out in Dec.2011, we had a verbal agreement for 150 a month from dad. I was working so it was not that big of a deal. Father stopped paying the 150 in Mar. 2012 and Mother lost job in Mar.2012
    Dad is in the law enforcement and older then mom and says that since she is no longer working when trial goes to court payment will be lower then 300 which still seems resin-able
    Mother pays for food, roof, and gas for to and from school activities and is now facing eviction
    Please HELP!!

    June 19, 2012
    • Thank you for your comment Barbie. You should see a lawyer and seek some legal advice. Good luck.

      June 19, 2012
  62. judith #

    Hello, My name is judith. I have a question, I am 22 years old, and attending full time college. My dad abandone my mom when we were little he never paid a penny in child support. He also is married with my mom and another lady in mexico. Now he is asking for the divorce saying that he supported us, and that he only lived with my mom one year, and all are lies. I only want him to pay all the owed child support for my brothers and me, and to pay for my carraer because I am still in school. Can that be possible and if yes what should I do???

    June 19, 2012
    • See our earlier comment thread that reviews the possibility of adult children seeking support from a parent. If you still have some questions please let us know.

      Good luck Judith.

      June 19, 2012
      • judith #

        Hello, I really did not understood your answer.. can you please tell me what to do I lived in the state of california.. thanks

        June 19, 2012
        • NO. This site does not provide legal advice. You should meet with a lawyer in your community and get legal advice as to how the laws of California may or may not affect your case. The feed referred to you earlier apply to cases in Ontario.

          June 19, 2012
  63. lily #

    Thanks for your advice. Lily

    June 19, 2012
  64. Daniel Lambert #

    I have a daughter who is 16 yrs old that has refused to see or talk to me for a few years now. I have an e-mail that was sent to me by her and her mother asking me not to write or bother them anymore by e-mail or they would go to the police. All I ever did was try to arrange a meeting with my daughter. Do I still have to pay child support?

    June 20, 2012
    • Access and support are usually treated as unrelated matters. Unfortunately because of the age of your daughter the court may be limited in its ability to repair this relationship. You should perhaps consider putting some counseling in place and certainly obtain some legal advice. Good luck.

      June 20, 2012
  65. Keila #

    If my 17 year old daughter wants to work could she still recieve child support

    June 21, 2012
    • Thank you for the inquiry Keila.

      If your child resides in Ontario and assuming she is in your care, attending school full time and is a dependant then her child support should continue.

      June 21, 2012
  66. erik #

    I have a major problem with child support where i live,in massachusetts.I owe about 3800.00,in arrears,but there charging me 8921.00,for penaltys n interest.ok,well my daughter its now 20,married and they have there own apartment.but for the last 6,going on 7 years,that i have been trying to pay off my arrears,they have put levys on my acct every year and,as im writing this,i have a levy on my acct for the second time in 2 months n treating to suspend my license,if i dont pay,but my job sends them the money directly,and it shows on my pay stub.child support has cost me lot of money cause for every levy my bank hits me with 75.00 charge,and what ever bounced checks are n over draft fees due to the levy,do i still have to continue paying,this people have a the end of my rope,to the point of just ending it all.please help me figuer this out.

    June 21, 2012
    • The rules in each community or jurisdiction tend to different Erik. You should seek some legal advice to help you get this problem sorted out. Good luck.

      June 21, 2012
  67. jesus martinez #

    I live in Texas but I quit my job because they where trying to send me to California to work but payin me the same amount that I earn in Texas. So now I have 5 months without working my question is…can I see my kids even thought I have not pay child support in those 5 months? Because she does not answer my calls/txts saying that she is not going to answer me because I have not paid.

    June 21, 2012
    • Access and child support are usually unrelated matters. Please reference our earlier comment thread.

      June 21, 2012
  68. amber brown #

    What if my daughters dad has never met her, and i filed for child support. Does he have the right to see her, or can i get child support and still keep him out of her life?

    June 22, 2012
    • Access is the right of the child to know and have a relationship with both parents. However, any access that does occur or is requested also needs to be in the best interests of the child.

      June 23, 2012
  69. lisa #

    is the money made for the child ? do i just give it to him / her ? or is it made for the parent ?

    June 23, 2012
    • The parent or guardian with the primary care and custody of the child.

      June 24, 2012
  70. S.B #

    Currently I am taking my child’s father to child support I believe he his hiding assets that can be used to determine his income he is paying child support to me and two other females he wants the courts to decrease payments he is currently married and residing to one of the recipents I want to know can we consider his child support payment to his current wife part of his income and can he use his other support payments to stop my court ordered child support

    June 24, 2012
    • In Ontario child support should be based on income. That is gross income before taxes and before support is paid to other spouses or children.

      June 25, 2012
  71. Andrea #

    Can u get child support if u dont have papers.

    June 25, 2012
    • Yes if you have a verbal agreement. Otherwise you may need to go to court and ask for a child support order.

      June 25, 2012
  72. Ugh... That's my real name! LOL! #

    Hello.. :) My son, after 13 years, begged to move in with his father.. I reluctantly agreed, and we have a court order that says he has physical (they live almost 3 hours away from us) and we have joint legal. I have 2 other children and work part-time. Our court order states that I am not to pay any child support to his father. He requested that from the courts.. I have been sending child support just because I feel as a parent, it’s my responsibility. Well, my son spends summers here with me and his father is still requesting that I send him child support anyway over the summer, and is now threatening to file for child support so he can go after my husband’s income. Can he even do that?? We live in MD in the U.S. so I’m not sure if you can even help with my question..

    June 25, 2012
    • You should seek the advice of a lawyer in your community. Usually child support would be based on the non custodial parent’s income. The income of the parent’s new spouse is not considered relevant.

      June 25, 2012
  73. Julie #

    Hi I have a question.. My boyfriend is married but been seperated for over 8 yrs now with his wife.. they do have 2 kids together..we live in ontario and we don’t know where she lives but we are assuming she still lives in Canada. He hasn’t seen his kids in over 6yrs and they are both over 18. They never filed for divorce and we are looking to get married and of course he needs to be divorced before we can do so. I was wondering since she is the one who left and never contacted him on where she moved and where the kids are is she allowed to ask for child support?. We have a feeling when she receives those divorce papers( when we locate her) that she will be asking for that.

    June 26, 2012
    • It depends on the circumstances of your case. Is there a current agreement or order for child support? If yes, your boyfriend has an obligation to abide by it. If no it is not likely the court would find jurisdiction to order support for adult children 18 or older. If the children are engaged in post secondary education there may or may not be an obligation to contribute. You are welcome to give us a call to discuss further. Good luck Julie.

      June 26, 2012
      • Julie #

        Their as never been any agreement..she basicly left with the kids without letting him know. So that’s why he has always been afraid to ask for a divorce..not because he didn’t want to take responsibility for his kids but she is the one who chose to walk away and not have them be apart of his life. So my opinion on it is when the court sees that she is the one who moved away and never kept in contact that she shouldn’t be asking now for money for the kids. I just think it would be ridiculous for a court to agree for back child support when she could of asked for that years ago but chose not to.

        June 26, 2012
        • Reference our earlier comment thread where the Supreme Court’s decision in DBS and the issue of seeking support for adult children is reviewed. We hope this helps.

          June 26, 2012
  74. If we(Male) are paying child support can the mother take that child out of country without the fathers approval? or does that require going to the court as well?

    June 26, 2012
    • That would depend on your current custody order or agreement. Usually travel outside of the country requires the other parent’s consent. Good luck

      June 26, 2012
  75. Claire #

    I have a question about how I can further pursue my ex for child support. He is a sole owner of a Ltd company, Maintenance enforcement can not collect using wage deduction notices as he contracts himself out to large oil and gas companies and the pay cheque is made out to his Ltd company. They have cancelled his drivers license and passport for the third time since 2009, they have holds on his personal bank accounts (the money is in the business account not his personal one). He has not paid maintenance for almost a year. In the court order he should declare income annually and he fails to do this each year. Maintenance enforcement just fines him $200 for not declaring income. My ex’s income in 2008 was $ 160,000.

    There are three children that need support and he has not asked to see them since Dec 27th 2011.

    Do you have any more ideas on what I can do?

    June 26, 2012
  76. marshal2003 #

    I have a question about how I can further pursue my ex for child support.

    He is a sole owner of a Ltd company, Maintenance enforcement can not collect using wage deduction notices as he contracts himself out to large oil and gas companies and the pay cheque is made out to his Ltd company. They have cancelled his drivers license and passport for the third time since 2009, they have holds on his personal bank accounts (the money is in the business account not his personal one). He has not paid maintenance for almost a year.

    In the court order he should declare income annually and he fails to do this each year. Maintenance enforcement just fines him $200 for not declaring income. My ex’s income in 2008 was $ 160,000.

    There are three children that need support and he has not asked to see them since Dec 27th 2011.

    Do you have any more ideas on what I can do?

    June 26, 2012
    • This is a difficult situation you find yourself in Clair. You should meet and retain a lawyer to enforce your agreement or court order. Good luck.

      June 26, 2012
  77. owens #

    What if I use my son’s fathers address for schooling, but my son has residence with me 100% of the time. Would he be able to tell the court that our child resides with him just by going off school address that they have?

    June 27, 2012
    • Your husband can tell the court whatever he wants. It is unlikely the court would sanction the misleading of the school Board. You should seek legal advice and meet with a lawyer in your community. Good luck.

      June 27, 2012
  78. JJC #

    Hello, I have a question. I am paying full child support for my son. He is 11. At what age can he decide for himself the custody arrangements? His mother has full custody, however; he stays with me 40% of the time, overnights as well. He has been asking for a 50-50 arrangement for years now, but his mother will not allow that.(I am assuming it is because she does not want to lose child support income)
    My second question, I am also paying 50% for the second child who is currently 16. He attends an alternative school which gives him the freedom to go 3 hours a day and work at his own pace. He is still working on grade 10 credits; he is 2 yrs behind. He has 2 jobs now, and is working ft+ hours. Do I still have to pay for him?

    June 27, 2012
    • JJC #

      I should also add that he was in the picture before I married his mother, I have been “loco parentis” since he was 2.

      June 27, 2012
    • Tough questions with no easy answers. You should get some legal advice.

      Child support may be payable for as long as your children are dependants.

      Children do not decide custody arrangements,parents do. If the parents cannot decide then the court will determine the matter based on the best interests of the child and the court may also consider the child’s views and preferences.

      If your child wants to live with you it might be an idea to give it a test run and agree to pay the child support during the test run. This may defeat her argument that the change of custody is designed to defeat your support obligations.

      Good luck.

      June 27, 2012
      • JJC #

        Please help!!! I am so confused about the situation I am in.Should I be paying for the 16 year old?? His birth father lives in Victoria with his parents, and has a full time job. My Ex knows where he lives, as do I. He also comes once every few years for a visit and stays with my Ex. I do not think I should be on the hook to pay for the 16 year old, I think it would be her responsibility to seek support from him.

        July 2, 2012
        • You should get legal advice. Good luck.

          July 2, 2012
  79. Beckybee24 #

    Hello, I have a question; what if a father has not been paying for child support; say, 15 years, would the child still be able to get the money even though the mother remarried and didn’t want the current husband to know that the child knows about the real father? I need to find out what I can do to get the money I need.

    June 27, 2012
    • Please see the earlier comment thread that reviews the leading Canadian case on this issue called DBS. Retroactive claims to child support are reviewed and detailed in this case. Good luck.

      June 28, 2012
  80. Anonymous #

    If a child/children are away on vacation with family members (Relatives) for the summer, and that said child/childeren are not in the care of his/her mother, Is the mother still entitled to child support?

    June 28, 2012
    • Usually the child support would continue.

      June 28, 2012
  81. WearyDad #

    I currently have shared custody (50/50) of my 11 year old daughter. Because of the income set off, I pay my ex-wife $1,100 per month (order granted 2007). I also pay 100% of Section 7 costs (tuition, extra-curicular, dental, medical). I also purchase most of her clothes, school backpacks, supplies, art supplies, all haircuts, shoes, boots, winter jackets, everything and anything this child needs). Since the resession, my salary has dwindled substantially. My ex wife, who is capable of working (and has worked in the past), does not work and has not for 2 years (she does work part-time “under the table” and also has rental income that she does not report). [The charted amount for the income set off, if a salary of $40K was imputed on her, and with my salary at $100K, would be approximately $600/month)].

    My daughter and I are very close and I have always been her primary caregiver, I take her to all appointments, I attend every school function, every parent teacher interview, I coach her soccer team. I work from home. My daughter is 11.5 years old and for the past couple of years has expressed a desire to live with my wife and I full time. In the past 6 months, she has developed extreme anxiety when she is due to go back to her mother’s house, so much so that she seen a counsellor. The counsellor suggested an “every-other-weekend” access schedule. We have been doing this since mid may (my daughter’s anxiety level has decreased dramatically). This new schedule would be a appx 70/30 split (8 overnights/month with her mother)

    It is important to note that I have kept track of the overnights with my daughter has had with her mother for the past six months and it works out to be about a 75/35 split (my ex-wife consistently gives up her access times and has since our separation).

    Our new, verbally agreed to, access schedule, provides for a 70/30 split access. I don’t want to have to pay the child support at all any longer. (Her mother does not agree to any modification in child support).

    What do I do?

    June 29, 2012
    • You can suggest that both of you agree to have this issue determined by binding arbitration. Or you could commence a court proceeding and ask a Judge to make an order. Good luck.

      June 29, 2012
  82. kerra #

    what will happen if i say no to child support

    June 29, 2012
    • Child support is to help a parent pay the expenses associated with raising a child. It is the custodial parent’s choice whether he or she wants to receive child support. Unless the custodial parent is social assistance or welfare, then this government agency may have some say as to whether or not child support should be collected.

      June 29, 2012
  83. kerra #

    i dont want to put my baby farther on child support what will happen

    June 29, 2012
  84. Michael #

    Me and the mother of my child are now back together and i am still on child support. She refuses to take me off and my license was just suspended. Is there anything i can do?

    July 1, 2012
    • Ask her to consent to end the child support or take the matter to court and ask the Judge to make a new order.

      July 2, 2012
  85. Amy Mac #

    I live in Ontario and my 7 month old son’s father is American. We broke up while I was pregnant, were never married and did not live together. It was a very short relationship. He is a good “daddy” (not so much a caregiver), involved, but any time I bring up child support he gets an attitude. He supplies diapers and wipes etc and feels that’s enough. So far I have accepted this as I don’t want to “rock the boat” but it simply is not enough. Is it a difficult (or even possible) process for FRO to collect from the United States? I will be applying for custody too as my son’s father has never taken him “by himself” (he’s not ready, we both agree on this). Thanks

    July 1, 2012
    • Most US states have a reciprocal enforcement mechanism for child support orders from Ontario. The procedure is sometimes referred to as an ISO proceeding. Give us a call tomorrow if you would like more help.

      July 2, 2012
  86. lizzie #

    What if i am 18 but my dad owes a ton of money towards child support and hes getting a disability check and the court is taking it for child support. My only concern is does it go to my mom or will it go straight to me? And if it does go to my mom and she doesnt give me the money can i do anything about it?

    July 3, 2012
    • Child support is paid to the parent or guardian who has primary care and custody of a child.

      July 3, 2012
  87. amy #

    My babys father is married with 3 kids, I filed for child support because he didn’t want to help me, am I suppose to receive payments from him since the child was born?

    July 4, 2012
    • If you and the child’s father were separated when the child was born and you have been the child’s primary caregiver then a retroactive award may be appropriate. See the earlier comments and the reference to the DBS decision for more information. Good luck.

      July 4, 2012
  88. anonymous #

    Hi,
    I am a full time university student and my parents divorced when I was very young. My father received full custody of me when I was 6 (but in order for my mom to agree he was asked to waive any rights to child support for me). I left home at 17 and at 18 returned to my mother’s home for over a year. By age 19 or 20 I enrolled in full time post secondary studies by then my mother had moved out of town and I remained to attend school full time. Basically for the past 6 years +/- I have received ZERO financial support from either parent and had to rely on OSAP loans entirely to finance my education and all related living expenses. I am now extremely in debt ($80,000). I was wondering if it is possible to request reotroactive child support for special or extraordinary expenses at least from my parents? Both have continuously refused to provide support in any way whatsoever claiming that my education is MY responsibility alone. I feel that the law however, disagrees. I do not wish to start off my young professional life crippled with excessive debt if I don’t have to. Please advise.

    July 4, 2012
    • Please reference the earlier discussion and the issue of the jurisdiction of the court to award support for adult children when an application for support is not brought before the child turns 18 years of age.

      July 4, 2012
      • anonymous #

        it is my understanding that in hiemstra and DBS the courts decided that retroactive child support can go as far back as the obligation to pay arose, however, in practice there has been a 3 year limit of retroactive support put in place… Is that what you were referring to?

        July 4, 2012
        • The SCC decided a number of cases at the same time. The decisions need to be read in their entirety, not just the head notes.

          The 3 year limit generally applies to cases that do not already have a written agreement or court order in place. If the order or agreement contains provisions for annual disclsoure and adjustment of support and this does not occur then the retroactive claim has a better chance of success.

          The key to most cases turn on notice. Conduct and prejudice also come into play. It is important to get legal advice to fully understand your rights and obligations. Good luck.

          July 4, 2012
  89. Portia #

    Can a father make decisions for a child(like oing to school or daycare) without a custody agreement if the mom is no longer in the country

    July 4, 2012
    • Perhaps you should change the custody arrangement to reflect what the current arrangements are.

      July 4, 2012
      • Portia #

        there is no custody arrangement..i am leavn the country and my son would be in he care of his father but this lawyer told me that he needs a custody order to make decisions for our son.

        July 5, 2012
  90. shane heinke #

    thank you for the information you posted! i am wondering how does one prove that they have the child age 6 more than 51%. i have noterzised papers form the mom saying i get him more, but now she is tring to get cash aid by saying she has him more… will my paper work hold up even though it was not filled with the courts?

    July 5, 2012
    • Counting days or hours may not be useful. If you reside in Ontario, then refenence the earlier comment thread and the discussion of section 9 of the child support guidelines and the Contino case.

      July 5, 2012
  91. Robert Atherton #

    I have a situation whereby I am self represented/applicant on a motion to change a final court order and support deduction order. I am unemployed in receipt of OW and there’s an issue of outstanding arrears. Both children are on their own so there’s no ongoing. I disputed these arrears because they accumulated at a time when the child was no longer in her primary care.
    My dilemma is that in the past I could bring a motion without having to file income tax returns, only a form DIRECTION TO REVENUE CANADA should my financial statement be in question. Now, in family matters you have to provide REV CAN assessments for the past three years. So If I bring the motion to change with my completed tax returns, by the time the order is made to rescind the arrears REV CAN will have garnished my refund and sent it to her.
    Can I bring a motion to get a refraining order to REV CAN or to the FRO staying the arrears until the matter is settled at my motion to change?

    July 6, 2012
    • If you file proof that you have requested the notices of assessments from CRA and an affidavit setting out the circumstances of your case, you might be able to motion the court and ask a judge to suspend enforcement of child support including any collection of the arrears and also ask for an order that FRO hold any monies already collected until your matter is adjudicated.

      July 7, 2012
  92. Elizabeth #

    Hello,
    I just turned 21 last month. I was raised by my single mom, but my dad and I never had a good relationship though he knew I existed since I was a baby. He is married and raises his other 3 kids , I on the other hand have been left out my entire life. My mom has been making a living for both of us by herself. For all these years, my mom and I never got anything from him. At times, I would email him regarding my college payments, yet he would not reply. Then later, when he calls, he tells me that he had gotten my message, but didn’t have the money, thats why he did not reply. I am from Haiti and I have a TPS, and my dad has his citizenship. He only cared to bring his wife and sons to the US. However, I have to work to go to school because of financial reasons. Now, my mom is critically ill, was hospitalized and is currently on dyalisis. I am completely exhausted, having to take care of my mom, since I’m her only child. I can’t even support myself, let alone my mother. I tried to contact my father, by phone, text messages, emails, he does not reply. Yet I know he received them. Maybe I’m just not important in his life. What can I do to have my father’s support; will I be able to file for child support? Is it too late? I really need his help. Thank you!

    July 7, 2012
    • This is a very difficult situation. See the earlier comments and lack of jurisdiction for the court to order child support when the application or claim is not filed with the court before the child is eighteen.

      You mother may want to consider a spousal support or alimony claim. You should both see a lawyer and get some legal advice. Good luck.

      July 8, 2012
  93. John #

    I have a question, I am currently paying child support. My child is 14 years of age. His mom and I share joint cusdoty of 50/50. Its been very obvious however that the child support that I have been paying is not getting to the child at all. Once my child turns 16 years of age, am I able to pay the child directly or does it always have to go to his mother?

    July 9, 2012
    • Child support is usually paid to the parent or guardian who has care of the child not directly to the child.

      July 9, 2012
  94. David #

    I have fully shared custody (50%), pay $500 a month in child support and no spousal. If my spouse remarries to somebody with a very high income, will I still have to pay support? How is it in the best interests of the child for money to be transferred from the household with lower income to the household with the (substantially) higher income?

    July 10, 2012
    • David:

      Please reference the discussion of this issue in our earlier comment thread. The leading case in Canada is Contino (link provided in previous discussion) and the issue if you reside in Canada is a section 9,
      Child Support Guideline set off. Good luck.

      July 10, 2012
  95. melissa #

    I’m with my childs father, currently do not live under the same roof. Welfare keeps tying to get info for child support but he is supporting his child. If we are married but not living together can they still go after him for child support? From Massachusetts. hope you can help.

    July 10, 2012
    • You should meet with a lawyer in your community and get legal advice specific to you jurisdiction. If the parent who has care of a child is on social assistance then the government may seek child support from the child’s other parent.

      July 10, 2012
  96. stephanie #

    my commonlaw husband has 2 children with is ex-wife, she has custody of one child, and so does he. She has always been on welfare and never worked or paid support for the daughter hes raising,yet hes paid 300.00 a month for his other daughter since she was born. Can she be forced to pay child support? It doesn’t seem right that only he supports both of their daughters and she doesn’t because she’s never tried to work. Also he has 2 other children he pays support for, hes paying out 600.00 a month for them, and has legal weekend access to them, whhich he’s been consistently denied by the mother. He is supposed to always have her phone number(which she changes whenever he gets it) We have heard her scold the children when theyve snuck in a phone call to him and hang up the phone. She badmouths their dad to them, and tells them to call him names,even told flip him off and yell vulgar comments to him while hes at work when she goes there. She doesnt even try to hide it! Shes told them to choose between him and her,that they cant like him,so even if we return to court its pointless they are afraid to betray her. We have hours of phone conversation, yet its gotten us nowhere, not even childrens aid! We have recorded proof of her manipulating and brainwashing them,aswell as verbal abuse. We told her all phone conversations and any other type of interactions will be recorded,so it can be admissable in court. We’re drowning from the amount of support hes paying, for children he can’t even have relationships with. Last year he grossed 40k,after taxes and child support we were left with roughly 10k to live on. Any suggestions? Please help! Also, both mothers tell the children that their current boyfriends are who to call daddy, and so they all say hes no part of their lives and shouldnt be, except for his money.

    July 13, 2012
    • You should start by reviewing our legal videos on ‘child support when parents are on social assistance’ and ‘how decisions about custody are made’. Good luck.

      July 15, 2012
  97. Vanessa Enriquez #

    The father of my son is not paying child support but is paying his wife rent and utilities.

    July 14, 2012
    • Take him to court and ask for a child support order.

      July 14, 2012
  98. sonya #

    Hello I am deaf women , I never marry or marriage , but, my boyfriend same thing he never marry before, He is deaf man , He wrong person hearing women have son from father of him . later now He’s son is 16 old years now , he’s son live with mom .
    Wonder : if I and man are go marry and and what about he still pay support his son but son live with mom , He have paid every 2 weeks paid for his’s son”s mom .. Now He tired of her bug hassment for him use money everything weeks .. He not know but now he know what she not tell him what she had court ordered before, He not know about her hide it up ..
    I want love my new man deaf plan to marry and what about his’s son about child support or nothing if we marry and nothing pay them ? how work out ? please fix up make me understand what is law says?

    My man want marry me and he want move out for live with me ..

    sincerely sonya .

    July 16, 2012
    • We aren’t sure if we correctly understand your question. Are you concerned that if you marry this man you will obligated to pay child support to his son from a previous relationship?

      July 16, 2012
  99. Stephanie #

    If my boyfriend and I get married, will his child support go up because my my additional income? Also, if we have children, can his child support go down because he would have to financially take care of his other children as well? His child is autistic. Does he have to pay child support for her well after she turns 18? If so, wouldnt the state be financially obligated to take care of the child as well because of the severe disability?

    July 16, 2012
    • You should meet with a lawyer in your community and get some legal advice. Usually your income would not be considered when calculating your boyfriend’s child support obligations. Additional children do not diminish your boyfriend’s responsibility to support his other child. The issue of dependancy and ongoing obligations to support adult children should be reviewed with your lawyer. Good luck.

      July 16, 2012
  100. Amanda #

    I was wondering if there is a court order stating how much my ex has to pay for our 5 children in support, Is he allowed to go back and have it changed because he doesn’t agree with the section 7 amounts? If so, is there a time limit?
    Thanks

    July 17, 2012
    • This would depend on the wording of your existing court order and whether or not there has been a material change in circumstances since the last order was made. Remember it will be up to the Judge deciding the matter, if it goes back to court, not your ex.

      July 17, 2012
  101. Jan #

    Can FRO enforce a separation agreement not filed with the Court? For example if it was made through Ontario Works? (Ex is on welfare, OW required an agreement, but papers were not, to my knowledge, filed with the Court). Must all Court filings be legally Served to the other party (therefore, could not be filed without my knowledge)? If it is filed but not served (including a notice of service), is it a valid filing on which FRO could act?

    July 17, 2012
    • The SA can be filed with the Court by way of Form 26B – Affidavit for filing Domestic Contracts. The matter did not have to be in Court at any time. The Affidavit (Form 26B) is prepared and the SA is attached to the Affidavit and then stamped by the Court of jurisdiction. That stamped copy of Form 26B plus the SA is sent to FRO for enforcement. The payor does not have to be served a copy. The payor would then be advised by FRO that the support payments are being enforced by FRO.

      July 18, 2012
  102. mike #

    I have a child with the ex wife. I do not see him. I have a court order for payment of 347.00 per month. I have never missed a payment. Since she has a boyfriend. I have remarried and make a little more money now but also have 4 kids with my wife. Since the amount under the guidelines is quite abit more is there anything i can do to dispute the amount i have to pay under the guidelines. I feel my other kids will be left out.

    July 18, 2012
    • You could try to argue the hardship provisions in the guidelines. But these arguments are difficult and rarely succeed.

      July 18, 2012
  103. Arthur #

    What if child support terminated when child turned 18 but then resumed to go to University two years after and I have paid 1/3 of her schooling. Now mother wants me to start paying her child support since the child still resides with mother and wants me to pay more of her schooling??

    July 18, 2012
    • The guidelines and caselaw regarding post secondary education expenses and ongoing child support payments are unclear. The result is usually fact driven based on the circumstances of your case. You should consult with a lawyer in your community and get legal advice. Good luck.

      July 18, 2012
  104. Brent Stoliker #

    I have a question,

    My ex wife of ten years has recently kicked out all 3 of my sons. My oldest no longer is eligible for support but my 2 other sons ages 21 (in University) and 18 (grade 12) are. They now live with me and i have sent notice to FRO stating that my 2 children no longer are eligible for support to my ex wife, and she flat out stated that they still live there and support should not be stopped.

    I’m trying not to take this into a court setting. My main reason is to avoid bringing my children into this issue,

    I need someones advice!

    July 18, 2012
    • Do not rely on this site or comments as legal advice.

      Your wife has a statutory duty to provide the FRO with current and accurate information. FRO enforces court orders or consent agreements. If no agreement then you need to bring this matter to court by way of a Motion to Change and ask the judge for a new order. If you are successful you may also seek your costs or legal fees from your wife. Good luck.

      July 18, 2012
      • Brent Stoliker #

        thanks for taking the time to respond. My children are watching this so i want to be respectful to them and to her.

        July 19, 2012
  105. pedney #

    can a parent claim child’s maintanance if the father disagree that is the father of the child? Because the mother was dating two guys including me and she got pregnant,and blame for pregnancy.

    July 19, 2012
    • A lab can perform a test to determine paternity.

      July 19, 2012
  106. Marcello #

    Can someone please help me out here. My daughter is 18, 19 in Oct going to collage. Living with her mom. Mom moved far away from where my daughter goes to collage. Offered her to move in with me.She said to me that she could’nt live with me because she did’nt want to live with my rules. Moved out of her mothers place April 1 2012 into an apartment. Do I still have to pay child support?

    July 19, 2012
    • If she moved out and is now independent then child support should likely end. If she moved into an apartment as a residence for college and is still in the primary care of the mother then child support might continue or there may be additional expenses to share such as tuition, etc. You should meet with a lawyer in your community and get some legal advice.

      July 19, 2012
      • Marcello #

        Even if I offered her to live with me and the collage is closer to her? and what do you mean if she moves in to an apartment as residence. Do you mean on campass residence? And how can the mother be a primary care of her when she lives 5hrs away from her? If what you are telling me is true then there is somthing wrong with the system.

        July 19, 2012
        • If the purpose of the apartment is for post secondary education and the child returns to her mother’s during school breaks and summer, for example, then yes your obligation to support your child may continue. Your location may be irrelevant. You should seek legal advice.

          July 19, 2012
  107. andrea #

    what if i filed for child support and am now back with the father of my child and want to stop child support in az

    July 19, 2012
    • You need to speak with a lawyer in your community. In Ontario, the parents can inform FRO — our enforcement agency — of the change and request that the support payments be stopped.

      July 19, 2012
  108. Alicia #

    Here’s a simple question, one parent has sole custody of two children and was on welfare; during this time the 2nd parent purchased a home and agreed to rent the upstairs to the mother and the 2 children (they were never married, but dated on and off for 10 years) so that he could spend time with the children. She was supposed to pay $750 a month, but he did not receive a dime from her in that period.

    Subsequently, he made all mortgage and bill payments as well as paid child support of $600 every month while they live in his home, basically rent free.

    I had heard that there might be something that considers living in someones home free of rent that could cound towards the child support payment? If this is true, would we then be able to calculate the amount of support paid during the period she lived in the home to have retroactive payback?

    During this time, a court order was issued giving her sole custody and him none (although he wanted joint, but something to do with her being on welfare she required to have sole custody and was given a lawyer and he was not) – we’re currently working on getting joint custody set up.

    Thanks for your help!

    July 19, 2012
    • You should speak to a lawyer. Your question is unclear. The mother and children were residing in an apartment in the home of the support payor, presumably the father? The father now wants to set off his child support obligation for alleged unpaid rent owing from the mother? The mother may, or may not, have other claims in addition to child support such as spousal support or alimony. The “2nd” parent should comply with the existing order and ask the Judge to review the matter and make a new order. Good luck

      July 19, 2012
  109. Lil #

    My daughter’s biological father knew that I was pregnant, he came to see me when my daugher was 4 months and asked me if I was going to file for child support that he had plans to marry someone else and didnt want to have two responsabilities, I was hurt and told him that I was not going to ask for anything and he left. My daughter is now 22 and a couple of years ago I had the courage to confront him and I gave him a letter with my daughter’s photo and my contact information and in the letter I said that my daughter had a desire to meet him and I thought it would be a good idea for her to meet her dad’s side of the family, not only because that was her desire but because I wanted to know the family health history. Before he contacted me, he asked me if I was planning to get some money from him, I told him that I had gotten married when my daughter was 4 and that her stepdad had taken care of her. When my daughter meet his family her grandmother bought her a computer and helped her a little with my daughter’s school and if I remember correctly he helped with no more than $100 dollars. His dad got married a second time and was always giving my daughter excuses not to see her, he really hurt her feelings so my daughter wrote a letter to him letting him know how incredible and unfair he was with her and that she didn’t know why he never looked for her etc, etc. now all his family have decided to give their back to my daughter cutting all type of contact with her. She is going to college full time and also trying to find a job but she’s having a hard time finding it, she still leaves with me. Can she at age 22 file for child support and she does how far back can the court go.

    July 19, 2012
    • See the previous comments and the issue of the jurisdiction of the court to consider support for adult children when a claim is not made with court before the child turns 18. If you reside in Ontario you would have an uphill battle. You should seek legal advice from a lawyer in your community.

      July 19, 2012
  110. Anthony #

    My daughters mother had me served for child support but my daughter doesnt even live with her, she resides with her grandmother on papers…but is with me most of the time. She did this bc I told her she should be spending more time with her and i couldnt get her every Friday, only every other Friday. I have her Mondays, Wednesdays, Fridays, and every other weekend and the rest of the time she is with her grandmother or my mother. Her mother is hardly ever with her and has always threatened me with court if i didnt take her on other days when she was supposed to be with her. I want to go for full legal custody but the court system always favors the mother. If I can prove the mother doesnt even reside where my daughter lives and is with me most of the time will I still have to pay child support? And what are the chances i will be granted Legal custody?

    July 20, 2012
    • Custody should be determined by parenting plans and the best interests of the child. Support is also complicated. If the child is residing with the grandmother then perhaps child support she also be paid to her. Once custody is determined then child support can be sorted out. You should get legal advice from a lawyer in your community.

      July 20, 2012
  111. ariel #

    do i have to pay child support if my son lives with me ? he only goes to his moms 2-4 times a month.

    July 20, 2012
  112. Paquale #

    I have three children. Two kids live with my ex and and one lives with me. The two who live with my ex are 14 (who is going to schhol) and 18 (who chooses not to go to college, graduated and is working full time). The child who is living with me is 21 and going full time to university. Since my 18 is working and going to school and since we each have a child to support, does this mean that we each support our own child and I do not have to continue paying child support?

    July 22, 2012
    • That would be one way to do it. Or you could calculate the amount each parent would pay for child support based on their incomes for one child and then set these amounts off. This might result in an adjustment if one parent earns more than the other.

      Another consideration would be sharing the expenses associated with child going to university and sharing these expensives porportionately.

      July 22, 2012
  113. Tiffany #

    what if your 16 years old and your guardian is currently getting the child support money but not giving the child all of it ? since the child is 16 cant they get the money sent directly to them so they get the money thats suppose to go to them or do they have to wait to be older in order to get the money directly to them ?

    July 22, 2012
    • Child support is usually paid to the parent or guardian who has care and custody of the child. The support is not paid directly to the child unless the child is living on his or her own.

      July 23, 2012
  114. Tara T. #

    HI there,
    My ex and I have an informal agreement, that is, we have never had lawyers involved as we have always dealt with support and visitation amicably. My ex was out of work for a while, and had just had a baby with his new wife. At this time, I did not enforce support because I knew they were really short on funds. Now, however, he is working full time (although making only minimum wage I think) and his wife is back to work full time. He has not paid a dime in support since he went back to work, and has ignored all requests to revisit the support issue. My son is 16 and needs new clothes, and obviously food. How do I get this support without things getting ugly>
    Any help you can provide would be greatly appreciated.

    July 22, 2012
    • If your ex is not agreeing to pay child support and is ignoring your requests, you should go to court and seek a child support order.

      July 23, 2012
  115. Christine #

    My daughter is attending University this September and her father wants me to put his child support payment directly on her student line of credit since he said that she is not living with me during those months in school. He also said that he would get a court order to redirect these support payments if I do not do this. What leverage does he have regarding this. She is still an independent and I am her custodial parent.

    Thank you

    July 23, 2012
    • In Ontario court decisions regarding child support and post secondary education vary. One idea would be to have the child support paid during the summer months and school breaks while your daughter is living in your care. For the balance of the year the parents could share the expenses (tuition, rent, room and board, books etc.) in porportion to thier incomes. Some consideration should also be given to whether or not your daughter is able to contribute towards the costs of her education.

      July 24, 2012
      • Christine #

        He is remarried (to a lawyer) and is not contributing anything towards her education besides the child support-which is $275.00 per month. He said that is all he can afford. My daughter will have a part-time job at the university when she goes, and will be contributing her summer job money funds towards her school as well. My husband and I will be contributing $5000.00 towards her school.

        He is also in arrears with his support of almost $700.00 and he owes me another $500 (1/2) from university enrollment fees. So, the way I look at it, is that I should disperse his support payments towards my daughter as I see fit until she becomes an independent.

        Thank you.

        July 24, 2012
  116. Agnes #

    I have 8 years old daughter. When she was only 5 months her father left us and since then he hasn’t been involved in her life and he has never paid any child support. We are living in Mississauga but because he didn’t want to help me he moved to Montreal. I don’t know his address or phone number. It was really difficult for me to get a full custody of our Daughter as he wouldn’t come to court. I had to proof that I don’t have any contact with him. The judge told me that I couldn’t get a child support because I would need to verify his income and address. I called a lawyer but he told me that I need to hire a private investigator to locate him. I called FRO but they told me that before I contact them I need a court order. I tried to contact a mayor of Mississauga, a Councillor in my area but they refused to help me as well. I know from his family that he is working. He is coming to Toronto occasionally as well. He was taking FSL in Montreal and few years ago a government was actually helping him with a social assistance. The irony is that at this same time everyone around refused to help me. I am doing everything for my daughter but sometimes I am wondering how is it possible that a parent can move away and don’t be obligated to help financially to raise a child. I am working and I was told that if I would collect a welfare, the government would find him and help me with the child support but because I am working I don’t qualify. Do you have any advise? Where I can get an answer.

    July 24, 2012
    • You should meet with a lawyer in your community and seek some legal advice. If the other parent is not producing income information you may be able to ask the court to input an income to this parent and base your child support on the inputed income. Good luck.

      July 25, 2012
  117. Rose #

    My father and my mother have been separated since I was five. My mother never filed for a divorce because she didn’t have the money but she is trying now. My father has never paid a monthly amount to my mother. He usually gives me $50 every time he visits me and that’s about twice a year? And he only lives forty minutes away… He just says he doesn’t have time or money. I’m turning 18 in March of next year and I’m wondering if my mother can file for me to get child support for me? I know that I’m going to be a full student when I graduate.

    July 25, 2012
    • See the comments made earlier regarding the jurisdiction of the court to make child support orders when an application or claim is not commenced prior to the child turning 18. It is important for your mother to get legal advise and act in a timely manner. Good luck.

      July 28, 2012
  118. amy guy #

    hello- I had an amicable joint agreement with the father of my child- never received child support, although the child preferred to live with me. I moved away and left my 17 year old in his fathers care (that was the right thing to do at the time). He sued me for support and won- understandably, but he makes more than 3x my wage and the child has never lived with him since! He now lives with my brother and I feel as though the father should have had a responsibility also! Especially since I am still paying him and cant seem to find the way to get out of the situation. My child turned 18 today and I am still ordered to pay his father until he is 19- he is not in school, not living with his father, not too fair HELP!

    July 26, 2012
    • It might be an idea for both parents to pay some support to the brother who now has care of this child. However, if the child is an adult and no longer attending school then he or she may no longer be a dependant requiring support. You should get some legal advice specific to your situation.

      July 28, 2012
  119. Donna #

    Hi there,
    My husband paid child support for many years and was never in arrears. He also paid for some extras for the kids sports and activities. Even though the children were back and forth with us and living with one of their mother’s ex-boyfriends he always paid and even paid the ex-boyfriend when he had one of his son’s. The two oldest boys are school drop outs and are 24 and 27 now. So when the youngest, a daughter, turned 18 and was not continuing on with school he stopped paying all the support but paid for the boys up until then as well. The daughter went to college for a few months and dropped out. After a few years she decided to go back to SAIT and now her mother is saying that my husband must pay child support again and tuition. My husband does not have a problem paying this but what our question is, how long is he responsible for paying for his youngest child? The mother is saying she will take us to court and get back child support if we don’t pay this because she said she should have been getting more money all along. We did not go through maintenance for the past 10 years. Can she go back for more money on past amounts paid? We just feel chained and don’t know what our rights are. Again we don’t mind paying at all but the mother has been holding us hostage for years with this. She even asked for money for a breast augmentation for the daughter and support for the 27 year old because he got into a fight and can’t work and does not get EI due to not paying it. Is it possible for her to go to maintenance and get retroactive increases on the amount we paid over the years? Any and all info will be greatly appreciate.
    Thank you so much for everything.

    July 26, 2012
    • See the earlier comments regarding retroactive support awards and the DBS decision.

      July 28, 2012
  120. takiva #

    I have been having alot of problems with my childs father harrasing me , back in march he caused alot of damage to my home and car, while his daughter was there. he has been charged with his crimes but sentenced to no jail time. i have since moved and went to FOC the other day so we can get a visitation schedual set up. i was just wondering because of my fear that another inncident will reoccure i want to be sure he dosnt have my address. i have had no problems dropping her off to him thus far. i was just informed that when he starts to pay child support he will have to know where we live. is this true?

    July 27, 2012
    • It may be necessary for you to seek a restraining order given the level of violence described in your comment. You should also seek legal advice.

      July 28, 2012
  121. josr #

    I have always paid my ex 400 a month for 1 child … Now she decides she needs more and takes me to child support ? What ar my changes she will het more ?

    July 27, 2012
  122. Stacy l dobson #

    Its been almost 17over years and i have only recieved 1 payment from the biological father. I have a court order and registered through child enforcement agency. I recieve letters every now and again but I just gave up because it was to exhausting to keep up with. My son is now 17and years old and he could use this money for a car or college. Is there anything i can do to get the money that he deserved all along. The father is a dead beat dad and jumps from job to job so he cqnt be located. He needs to pay now………my son has dealt with many issues because of his father. Its his turn to suffer.

    July 28, 2012
    • Child enforcement agencies usually have a lot options to collect support. You may consider hiring a lawyer to take further steps to collect your child support. Good luck.

      July 28, 2012
  123. Gabrielle #

    My mom and dad were never together but my father knew i was his child and would ask to see me often when i was young.. i now am 16years old and i dont communicate with him bc of family issues with his wife.. my mom isnt on good money terms but she never nor does she want to put child support on him…he sends me $100 a month though, but since he earns about 6-7k a month i believe i deserve more, is there anyway i can put child support on him?

    July 29, 2012
    • Tough question. If you are independent and on your own you could bring your own support claim. However, if your mother is your primary caregiver it would be up to her to commence a support claim. Good luck.

      July 30, 2012
  124. Danny #

    What happens if my child lived with me for many years and turned 16 then decided to go leave with her mom cause she could not follow rules was never thrown out the house child decide to go on there own. Mother came to agreement to pay cell phone bill and other items, you always paid not a problem and then u get a letter in the mail to show to court for support can she still do that she never paid support nor took care of child for several years and now wants my money, also it has come to my attention while my daughter lived with me for the many years her mom had a welfare case open under the child’s name recieving benefits for the child that never lived with her. Is she still entitled to surport even tho they commiting fraud. The system needs to change to many woman abuse the fathers that always provide and get greedy and always want more.

    August 9, 2012
    • If the child voluntarily withdraws from control of the parents there may be an issue. But if the child is residing with the other parent and still attending school full time then you will likely be required to pay support in accordance the child support guidelines. You should see a lawyer in your community and get some legal advice.

      August 9, 2012
  125. Maria #

    I have a 7 year old daughter. Her bio dad has never given me a single dime for her. I want to start claiming child support. Can I? I am prior Military and my husband is active. I dont work no more but im going to start going to school. I live in AK and my daughter’s dad lives in CA. How would it work? Can i get backpay child support? She dont know him because he never wanted to see her. Here and there he txts me asking for me to Let her go see him. But, how can he think that ill send my daughter alone to go see him when she dint know him at all. Please help with any info you have. Thanks.

    August 11, 2012
    • If you reside in Ontario you would be entitled to child support. It may be worth pursuing. You should meet with a lawyer in your community and get some legal advice. Good luck.

      August 11, 2012
  126. bri #

    My ex is having another child with another woman. Does this affect my child’s support?

    August 14, 2012
    • Not if he resides in Ontario.

      August 14, 2012
  127. Chris #

    My ex recently sent my 17 year old son to live with his grandparents due to strife and discord between the two of them. Prior to his leaving, he tried to emancipate himself from her. He didn’t have enough time in CA to see it through. My ex and I have no legal document for child support; however, we agreed on an amount after the divorce & I’ve been paying that ever since. I would like to start sending the support straight to his grandparents, but I’m not sure if I have to go to court for that. I’d like to avoid court altogether due to how much time & energy goes into it, but I will if I have to. What are your thoughts?

    August 15, 2012
    • Support should be paid to the parent or guardian who has care and custody of your child. Here it would appear to be the grandparents. Hopefully you and your wife can come to agreement to this effect.

      August 16, 2012
  128. Whatsthatallabout?? #

    I have a question: My son’s father has 3 other children. He ( his father) is now ill, he will be receiving ssi or disability, I have taken him up for child support yrs ago. The other mother has not. So therefore he owes arrears. SSi or disability is going to garnish his benefits for my son’s child support, which I have been trying to get since my son was about 2 yrs old. He now wants me to withdraw my order so that his other kids can have some of the benefits, what do you think?

    August 16, 2012
    • Your child’s father should pay child support based on his current income. If there are arrears you may want to consider a suitable payment plan.

      August 16, 2012
      • Whatsthatallabout?? #

        OK, He will be paying child support based on his ssi or disability. My son’s order will be garnished from that. His sister is taking care of setting up a bank account so ssi or disability can deposit it. That’s his only income which is what ssi or disability will base that upon. The issue that has been brought to my attention is that his other kids mom wont get any of that, unless he makes arrangements with her, with the income he has left after the garnishment, his sister and himself and I don’t know if the other mom is involved as well, but they want me to drop my order so that he will have more money to himself and allow him to disperse his funds to his children. Meaning my son will get pretty much nothing. I’ve tried it this way before, and this is the reason I started the order, I wasn’t getting help from him. And its unfortunate that he is now ill. So my question is or rather how would you feel in this situation. I am not dropping my order btw because my son desires to be taken care of. I have been struggling for a long time, with out his fathers fair share of responsibility, or his family. which I don’t or expect them to. His other kids mom has their good graces always has. They never and I mean never except for his first birthday, his dad’s mom came to the party and I haven’t communicated with her since, and no I didn’t do anything to his family, nor denied them or have any ill feelings toward them for them to be this way. So technically my son doesn’t know his father’s mother. His siblings do, she sends them money and visits them, they even have a name for her. Yeah its sad. The other kids mom has more communication with his family. The only time my son is involved with his family is when he is with his siblings, but now the his sister whom I recently just started communicating with just because we’ve never had in the past 11 yrs, for no apparent reason, wants to now have a say so in what my son is and have been for 11 yrs entitled.

        August 19, 2012
  129. What do you do if the non-custodial parent is self-employed with his 90-year-old father and 60-year-old sister in the family business. He has multiple rental properties, flies airplane, is on different utility boards, etc., but when I took him back to domestic relations, he says he only makes $15,000/year and the CPA firm that his “family business” employs backs him up all the way. When we were married, we made $100,000/yr. I know he’s hiding all his business income, probably in his dad’s or unmarried sister’s name. He only pays me $200/mo. for our 14-year-old daughter. Should I take our former divorce attorney with me to a new hearing? Also, our 19-year-old son just graduated from high school and will be attending college this fall. He lives with my ex-husband. Will that make a difference?

    August 16, 2012
    • You should meet with a lawyer and get some legal advice. Good luck.

      August 16, 2012
  130. Mercedes #

    Is there a minimum time limit parent is on child support…for exampl I have my baby’s father on child support because we aren’t living together and the baby can’t get everything he needs because of the fathers circumstances…but then a year later we get married and live together can I take him off child support?

    August 19, 2012
    • Child support is usually paid when parents are separated. Married spouses do not usually pay each other child support.

      August 19, 2012
  131. Frustrated Mom #

    I live in the US and my child’s father lives in Ontario, We had a support order established 8 years ago. In the beginning he lied to the court about his income and 2 years later they raised it and the judge warned him not to lie to the courts again. They were taking his payments from his pays and he paid consistently however about 3-4 years ago he stopped paying all together. They were intercepting his provincial refunds to pay his back support. 2 years ago he went to the court and said he was physically unable to work and collecting welfare. The court told him he had so many days to show them a physicians note stating he was unable to physically work any longer. He never produced any thing from a physician. He is working as a contractor under the table and collecting welfare and has had 4 more kids. He and his wife are living in a home they pay $1000 a month in rent for. He went back to court in June and requested to have his case closed saying he has no income and they see no future income for him and sent me a letter stating his no longer liable for the $8400 dollars he still owes me. Our child is only 12 and it is not fair to me that I have to raise him alone with no type of support at all while he continues to milk the system and have more kids. Why wouldnt the courts in Ontario question how they are living and paying for every thing inclusing having more kids if neither of them are “supposedly” working? What can I do? Since I live in the US I am not in Ontario to prove that he is working and lying about it.

    August 21, 2012
    • Bring an Application in Ontario and ask the court to consider imputing income to him in accordance with Child Support Guidelines. Good luck.

      August 22, 2012
      • Frustrated Mom #

        How do I do that? I just am not sure why the courts arent questioning how he is living on welfare and why he is not working. In the US they make them get a job or they go to jail. I just dont understand why Canada would not do the same. His wife works the system also. She has a kid and goes on Canada’s maternity leave and gets paid and when she is about to run out she gets pregnant again, the whole reason they have 4 kids.

        August 22, 2012
        • The court can consider a number of factors when imputing income: bank and credit card statements, budgets, lifestyle, etc. You should meet with a lawyer in your community and get some legal advice. Good luck.

          August 22, 2012
  132. Cathy #

    I just have a quick question? My boyfriend son has been liveing with us for 3 years now full time.. He has been paying child support on him to the mother that has custody of him every month.. Is their anyway he can get that dropped?? I mean she doesn’t help with nothing even getting food stamps on him and doesn’t bring him any food or help with school clothes or anything he needs for school…

    August 22, 2012
    • If the child is now in the father’s care then father child support should terminate. If the mother will not agree you may need to go to court and get a new order. You should meet with a lawyer in your community and get some legal advice.

      August 22, 2012
  133. Frank #

    Im paying child support and aloted 8 days of the month (96days/yr) as/agreement and court order with my child’s mother. I gave up my rights as guardian of my child at that time as well. We have been following the court ordered agreement actively untill she decided to move out of provinvce. I decided not to fight it as I was concerned it would cause stress on my child. I still pay/month though they have been out of province for 7 years now. The last two years, the custodial parent hasn’t brought my child out to the province for visits and i can’t afford to go see them. I have seen my child only 3 times this year. My child is 17yrs old and is reluctant to fly out here paid by me for a week durring holidays for the last year as they are into visiting their friends and doing teenage activities. I am wonderring a few different questions:
    1.Can the child support be reduced or discontinued if my child is supported by the husband of my child’s mother?
    (They have been married for over 12 years and he is actively father to my child, works to support the home as it’s why they moved out of prvoince)
    2. Do I have rights for visitation at this age?
    3. Do I have to pay child support if she has moved out of province?
    4. Does she have the right to move out of province with my child w/o my permission?
    5. Can I have the custodial parent pay back the child support if there is at all any posible reduction of child support due to these circumstances?
    Thanks you in advance for any advice!

    August 23, 2012
    • 1. Not likely
      2. Yes and no, will mainly depend on the views and preferences of the 17 year old
      3. Yes, but increased access costs might be an appropriate set off
      4. Would depend on the wording of the original court order or separation agreement
      5. Again not likely if the child is in school full time and still and dependant. See previous comments and issue of support for older children.

      You should meet with a lawyer in your community and get legal advice specific to your situation. Good luck.

      August 28, 2012
  134. Rather remain a secert #

    I have a child that is 6 years old but I have never seen him up until a year ago when the mother came to me for child support. She was with another guy that has been in that childs life since birth and decided to leave her when he turned 5. So she came after me for child support, so I am wondering do I have to pay for child support or should he be paying? I am currently paying (not a court order) and have been for the last year, but now I do not want to pay any more as I live in a different province so I never get to see him and I have no connection with this child, and its ruining my marriage. Is there anything I can do?
    Also I plan on going back to college, but I won’t have an income as my wife well be supporting me through college well I still have to pay child support even tho I won;t have an income?

    August 23, 2012
    • You will likely have an obligation to pay child support based on your income. If your income decreases when you are in college then child support would likely be adjusted at that time.

      August 28, 2012
  135. Girselda #

    Im pregnant would i hve to report that to childsupport or until baby is born?

    August 25, 2012
  136. Mel #

    Ok so i have been seperated and going through a divorce the past 2 years my ex husband has paid 1250.00 in 2 years for our son. Never paid a daycare payment, and quit paying the little child support he was in April of this year. Last i recieved from him was a wire to Wal Mart for 35.00 in this past April.
    We go to mediation in the next couple weeks, and our court date is in late September.
    I am praying that mediation works!!! I have been talking care of my son pretty much by myself, i still let him go to his dads every other weekend, I get nothing but nasty name calling, a lot of rude and disgusting emails, i dont say anything. I have a lot of documents that are going to help me. But all i want out of this divorce is for him to pay for either… the past 2 year of daycare services or back child support. He says he not going to pay that, because he says i have claimed our son on the income taxes this past year.. which yes i did because i have been raising him and paying for everything.
    Since we are going through mediation, is the mediator going to explain to him that yes you need to pay for back child support or back child care services. Or atleast explain to him what is going to fly and what is not?
    I have never been through it so.. I just wanted to see.
    This is “quote” a response i get to asking him when is he going to start helping me and paying child support. He says… ” A penguin walking on clouds made out of cheese puffs” that’s the response i get from asking for help financially with our son.
    Any advice??

    August 25, 2012
    • Mediation can be a good start. But in light of his attitude you may require a court order to get the support you are seeking. Good luck.

      August 25, 2012
    • da id #

      If you have primary care of the children it is your right to claim them on your taxes. It doesn’t affect child support in any way. Your exs base child support is based solely on his gross income before taxes. Generally a judge will go back 3 years for Retro child support.

      August 25, 2012
  137. Sara #

    I just have a question about getting support. My son’s father gives money to (FRO) Family Responsibility Office in ontario and I use to get full payments, but the past 2 months I have been getting 2 seperate amounts throughout the month. Why is that? why am I not getting the full amount and why are they giving me 2 seperate cheques? I havent had time to call FRO but next month I am going to.

    August 27, 2012
    • Contact FRO and ask them.

      August 28, 2012
  138. Hi,
    I am really stuck here meaning what if my kids dad filed child support on himself because, he got caught cheating and moved out our apt. So moving forward now he is back and he has been paying child support and rent (531.00) with an exceptions to this month rent. I paid 1095.00 total for August, so since he has a home we thought we would move to this home. So recently he states that if your living under my roof then you need to call and have child support removed. I stated since we argue so much when I move with you, I will pay you every month your money back to you from child support and I will pay you half on rent. He states no that is grimmy. Why should I wit to get my money when you can just call and have it removed. Please help me. I feel like at this point if you want us to all move together then you should be marrying me we have been together for 16 yrs. I have no problem with removing the child support. I just don’t want to let him have his way everytime remember he is the one that added child support on himself I DID NOT. so why is he trying to make it like it was me. I honesylt think he’s up to something. What’s the big deal wiith me giving him his child support back every month through our bank account just like it’s giving to me. Remember I will still pay half on all bills.

    Thanks,
    Neek

    August 28, 2012
    • Are you asking the father of your child to pay child support even though he is living in the same home?

      August 29, 2012
  139. Amanda #

    If money is owed can they have the payments automatically deducted from your child tax benefit?

    August 29, 2012
    • Who owes the money, who are they, and who is getting the child tax benefit?

      August 29, 2012
  140. Can someone please help me? My son who is 17 recently moved in with me after his mother relocated with her new family to Colorado. I was paying child support to her up until she moved and no longer have to since he started living with me. I did not go after her for child support. Now, he has a problem with my house rules (can’t go out day and night all the time) and has taken off to live with his grandmother (moms side). His mom called me up from Colorado demanding i pay her $900/mo for his expenses! Does she have any legal right?

    August 29, 2012
    • You should consider paying the child support going forward to the grandmother. You should meet with a lawyer and get some legal advice.

      August 29, 2012
  141. Hunter #

    I also have a question. Background: Live in Ontario. Parents never married; two kids; no formal or court-ordered child support; worked out an agreement themselves and use the guidelines for the amount. All good. Oldest child is now 18 and has graduated high school. He is not registered for any postsecondary courses, and they have agreed to stop CS payments. Son is working. If the son decides to return to full-time studies in a year, would CS payments then be expected to resume, or is the son considered an adult after being a year out of school? Thanks.

    August 30, 2012
    • That is a good question Hunter with no clear answer. See the comments earlier in this thread and the issue of the jurisdiction and the court’s authority to order child support for adult children. This may depend on the wording the agreement they worked out themselves.

      August 30, 2012
  142. Cassandre #

    I was recently divorced and my husband had a baby with another woman during the divorce. We have no children together but he was ordered to pay alimony. Since the divorce, he voluntarily signed up to pay child support to the other woman so that the amount of alimony I recieve is reduced. He was and still is living with this woman. Is that legal for him to do?

    September 2, 2012
    • If you don’t think your are receiving the proper level of support you could ask the court to review the matter and make a support order.

      September 3, 2012
  143. 6 years ago my ex wife died and wanted custody of my 10 year old daughter since they were getting custody of my daughter’s half sister (from a previous marriage } it was a very hard decision for me to make but my daughters Grandfather assured me that they were very well off and did not need nor want any support from me … that they had no interest in seeing my pay stubs nor my federal income tax return …. and all my daughters needs and wants would be taken care of additionally he also assured me all her education costs would also be taken care of. We agreed to an amount of $150. a month to be put into a bank account in my daughters name and also volunteered to pay half her orthodontic work … his lawyer said it had to be noted as support in the court papers as well it was to go to the F. R. O. but it could be withdrawn later by the 2 of us … my daughter is now 16 years old and he just served me with papers that he wants to adjust the “child support” by the federal guidelines and also back support to when his wife died 3 years ago and half my daughters education costs for college next year. Can he do this ? even though we had an agreement between us contrary to this ?

    September 8, 2012
    • You need to provide child support for your daughter if she is in the care of someone else in accordance with the child support guidelines if requested. Good luck.

      October 10, 2012
  144. Melody #

    I was wondering my husband Pays child support to the mother of his child.. Dfacts think the child lives with the mother but the child lives with the “grandmother”. The mothers Aunt. And he still pays child support to the mother. Is this illegil? What should he do?

    September 10, 2012
    • Consider paying the child support to the grandmother who has care of the child.

      September 10, 2012
  145. Danielle #

    Hi i’m just wondering my son lives with his dad he will be 18 in January he goes to school part time but he also has a 1 year old child that lives with him and the girlfriend as well. Does that mean that i don’t have to pay support anymore as he is considered an adult now?

    September 14, 2012
    • Not likely if he is not attending school full time. You should meet with a lawyer in your community and gt some legal advice.

      September 14, 2012
  146. Gary Daniel Bodfield #

    if i the father lives in the home with the mother and the child, do i still have to pay for child support if im paying the exspensies and paying for things?

    September 21, 2012
  147. b #

    i live in ny and my 20 year old pregnant daughter just got married. is my ex husband still responsible to pay child support. she is still in college and lives home with only a part time job.

    September 21, 2012
    • If your daughter is married she is not likely to considered a dependant and therefore your child support might be at an end.

      September 27, 2012
  148. Angela Acosta #

    I took my ex-husband to court in 2009. He was ordered to pay $500 a month for our daughter. It is now 2012 and he has fallen behind $9400.
    He is never constant when he pays. He will skip every other month or pay every 2 1/2 months. I called the child support office and they can not do anything until he is 3 months consecutively past due. My ex husband knows this and I think that is the reasoning behind why he pays right before the 3rd month.
    This is not fair to our daughter.
    In 2010 he fell behind 6 months and they revoked his license and he had to go to court to pay every month for 6-8 months (i believe). During the time he did not have his license I refused to allow our daughter to go with him. I do not want that to happen again bc it only hurt our daughter but I couldn’t allow get to go without him having a license.
    Is there anything I can do to ensure he pays every month? Or what can I do when he skips a month?

    September 23, 2012
  149. sonia #

    My question is if one of the parents have sole legal custody can that party be the onlyone who can claim the minor ? or it should be one and one?

    September 24, 2012
  150. Jessica #

    I am a Mother of two children and currently going through a divorce. Our kids are 5 & 3 yes old. I have been a stay at home mom w/ both children since 2007, but my ex and I did not marry until 3/7/08 and separated at the 2010. We tried to reconcile through that time until about a year ago. My question is, my ex has not been paying child support to me for our kids because he claims he is paying for our bills. Our children and myself live in a condo that his parents own and they are threatening to kick us out because they are tired of paying (rightfully so). My ex makes a decent amount of money around 80-90,000.00 a year and is not consistent w/ the time he agreed to see our kids, which is Tues eves for a few hours and then Fris overnight. If he does not see them on those days then they are w/ me and they are w/ me at all times. My oldest just started Kindergarted so she is gone from 9-2 everyday. My ex and his parents would like for me to find a job to help pitch in w/ the financial responsibilities, but it has to work around his inconsistent time he spends w/ the kids. Am I required to find a job in order to help pay what my ex doesn’t pay and can they kick me out of here? I am currently recieving food stamps and my family has been generous to help me w/ money for all else food stamps don’t cover and o am on the verge of being kicked out of the home our kids have basically known since birth because their dad is not paying his parents for us to live here. What can I do….is this right and should all of these things be on my shoulders when their father who makes a signifocant amount of money just flat out doesn’t pay his parents and doesn’t give any child support because he claims to pay them? I know I have rambled all over the place and I’m sorry, I’m just at my ropes and so confused. Thanks

    September 26, 2012
  151. Denisse #

    The father of my baby helps me out with our child but when i call to tell him what the baby needs he says he doesnt have money to wait for him a couple days or a week. Im getting tired of having to call him instead of him not showing more interest and me having to call him instead of him asking wat she needs. So the question is if i decided to put child support on him would he have to pay the months he wasnt on child support? Our babys 7 months.. Also, he never divorced the other mother of his kids, if he has no income would she have to pay the child support?
    Thank you.

    September 28, 2012
    • You can request a child support order from the court and also request that the order be retroactive for the months that child support was not paid.

      October 9, 2012
  152. Al #

    I’m not sure if this has been addressed but here is my situation. I pay support for my two boys ages 18 and 20 (they are both in school) but have just been laid off (our whole division). I worked at the same company for 30 years and have no other experience. I am 52 years old. I received a “modest” package but have divided it up to be paid to me over the next two years. Some of it I invested in an RSP because I was entitled to a one-time contribution due to the nature of my layoff. Do I have to still pay support?

    September 28, 2012
    • The “package” would likely be considered income and be subject to the child support guidelines.

      October 9, 2012
  153. My husband and his ex-wife have had shared custody of their 16 year old son for 16 years….50-50. This past summer the son was caught smoking pot. Mother knew but they both decided not to tell my husband, the father. We found out last week. Also found out that at mom’s house curfew is midnight (has been since he was 14), son does basically what he wants. My husband and his ex-wife decided this time to punish him for pot smoking and decided to have some privileges taken away for 3 weeks. Yesterday she back tracked and told my husband that the son doesn’t want to live with us anymore. Though I am staying out of it, I believe they are manipulating my husband who had always been wonderful to them. He is a mess. She said he would live with her (I think she needs money) and if that didn’t work she would send him to a rehab hours away after relinquishing her parental rights. (We would have hoped that plan B would have been daddy’s house). Mom has been married and divorced three times and seems to not want to be bothered with her son. He is 16. Do we have any say in where he lives?
    Thank you,
    Jennifer

    October 1, 2012
    • The court can always review custody and access arrangements and possibly appoint a children’s lawyer or a clinical investigator to review the matter.

      October 9, 2012
  154. Summer Rigsby #

    My mom screwed my dad over four years ago by saying he made six or seven thousand more dollars on the child support information when he didnt so he had to pay 700 something for me and my sister but recently since she turned 18 they redid it and hes now making the amount that she put on it 4 years ago so he has to pay the same but for only me now. My mom makes almost 2000 a month without it plus shes married to my step dad and they get his income yet shes always saying were broke and i dont know what she does with it and she wont even take me to get a new bra and the last one she let me keep on so long it left a scar. Im sorry if this all seems stupid but i really want to know if i can get the child support sent to me directly since im 17 now. Thanks for reading this

    October 1, 2012
    • Child support is usually paid to the parent who has primary care of the child.

      October 9, 2012
  155. Don #

    Do I have to continue to pay child support for my 18 year old daughter who has a one year deferral to university?

    October 2, 2012
    • This is a grey area. If the child is still living with the other parent and is still a dependant then the obligation to pay the support during the deffferal period would likely continue.

      October 9, 2012
  156. Dee #

    My brother was just served with papers from Welfare that he needs to pay support for his son and step daughter. He has seperated from his wife and she is now on welfare. While married to my brother FRO was involved to get the biological father to pay support for the daughter because she is not my brothers. FRO was successful and the biological father was paying but eventually stopped and now works under the table to hide his wages. My brother realizes he is responsible for supporting his son but is he responsible to pay for the step daughter when an arrangement has already been established with FRO and he is not the biological father?

    Thanks,

    Dee

    October 3, 2012
    • The obligation to pay support still exists but the Judge has discretion in setting the amount if support is also being paid by the biological parent.

      October 9, 2012
  157. sharon #

    Does the child support go to the child or to the parent after the children is 18 tears if age.

    October 7, 2012
    • Usually the parent until the child is no longer a dependant or qualifies for child support.

      October 9, 2012
  158. shane #

    can you charge the child rent and continue receiving child support?

    October 7, 2012
    • If the child is renting is he or she still a dependant? Is the child still attending school full time. A number of factors would come into play here.

      October 9, 2012
  159. cristal #

    I have a seven month old daughter and recently found out I am pregnant again. I applied for cash aid this week because their father does not help me at all. All he does is bring me a small pack a diapers every two months for my daughter and thats if i keep bugging him to bring it. My father has been supporting me and my daughter so i finally put my foot down and decided its time for her dad to help out! I never denied him from seeing his daughter and i still wont but i feel unsafe of him to take her out of my sight since all his friends are gang members and i do not want that around my daughter. Should i file for full custody also? i am completly lost and unsure of what to do. he also has three other kids and is paying child support at this moment for them what are my possibilites for winning custody of my daughter. he is a parolee at this time. i will allow him to see his daughter but i think supervised visits will be best.

    October 10, 2012
    • You should go to court and seek a custody order and access in accordance with the best interests of your child. Good luck.

      October 13, 2012
  160. Jessica #

    If my ex refuses to help pay for child care and is inconsistent in taking our children on the days he agreed to and I am currently unemployed because I have been a stay at home mom since our first child was born can he legally take the kids from me until I get a job? Our oldest child is 5 and just started kindergarten and our youngest is 3 and as of now I can’t afford to put her in day care nor pay for the oldest to go to after school care. So I am w/ them everyday and finding it difficult to get a job that will be flexible to work around that schedule. I am currently not receiving child support from my ex because he claims to be paying for our living expenses. My children and I live in a condo owned by his parents and now they are threatening to evict us because they aren’t receiving money for rent and some utilities that my ex has been claiming to pay.

    October 11, 2012
  161. Dawn #

    Hello,
    I have four children. Two, ages 11 and 13, who now live with their father, in Arizona, and two who live with me, in Washington State. My 21 year old recently moved back in with me, finished college, and just recently got his first job, and we are giving him some time to get on his feet so he has a good start into adulthood, and my 15 year old also lives with me. I pay child support for the two in Arizona, as well as the full cost of visitation expenses. I can’t afford the visitation expenses, really, and even though I’m allowed to have them on a much more regular basis, I end up only taking the three largest blocks of time I’m allowed each year, because of that. Our Parenting Plan is set up so that someone 18 or older has to accompany them on their trips between our homes until they’re both age 13 or over. My visitations cost me an average of $480 a month, for those three visits. My 15 year old’s father owes over $16,000 in back child support, and I can never fully count on receiving child support for him. I make $13 an hour with no benefits, and work my little behind off (average of 20 hours a week in overtime), and have spent most of the last ten years either working that much overtime, or working two and three jobs at a time to make ends meet. I have no problem paying a fair amount of child support, I love my boys and believe its my duty. I am wondering how much weight is given to the fact that I have another child in my household for whom I pay 100% support when child support amount are decided upon? Also, should I have to pay for braces for my 13 year old (which are primarilly a cosmetic item), when I can’t even afford to provide medical for my 15 year old or myself?

    October 13, 2012
    • You should meet with a lawyer in your community and get some legal advice.

      October 13, 2012
  162. Awilson #

    what if the Father has 2 children with long time(10 years) live-in girlfriend ages 7 & 5 . The Father has an affair and now has a 2 year old child. The mother of the 2 year old filed for child support. Can the mother of the 2 older children even receive support? Or does she lose out because the other mother filed first?

    October 15, 2012
    • The father should pay support for every child that he has. If he chooses to have more children then he pays more support. Subsequent children are not required to go without.

      October 18, 2012
  163. Ren #

    so how about this…since my son was born in sept of 1999 i been taking care of him and receiving welfare to help with the rent and for food cause we lived with my parents at the time while his mother was in alaska lookin for work..she was there for almost 6 years…so when i got help from the welfare i had to agree to put her on child support and so i did… ok this part is after that almost 6 years she came back to california and started to take care of our son…she didnt have a job or any income so she went to the welfare and got help from them for 2 or 3 months..agreeing to put me on child support now..ok this part upsets me cause i receive a bill form child support saying that i owe $20.000 and years pasts by and it kept going up now it $27.000..is that right for a person that receive help from welfare for 2 to 3 month for the father to owe that much…or did they combine my case with hers with them helpin me then her but i have to pay for all the fees doesn’t seem right..i need help on this please…$27.000 is alot of money that i dont have …my son is still current living with his mother and stepdad over sea in korea stepdad a military man…

    October 16, 2012
    • You should meet with a lawyer in your community and get some legal advice. Good luck.

      October 18, 2012
  164. shannon lamb #

    hi , reside in Texas but having trouble finding info : Divorced with shared custody, father a college graduate with honors had no income (job) to pay child support and I was very able to self support my self and kids while with me, so rather than spend another 2 years in and out of divorce court, I agreed to father paying for medical insurance in lieu of child support , which he has done thru his new wife’s teaching job. PROBLEM : our shared son is high functioning Autistic and will be aging out of public school soon…. he is high functioning but will not ever be able to live alone. I would like for him to have the opportunity to reside in a good group/community home, work and be productive and have a good life instead of parked on the couch playing video games all day. Is there any way (AT ALL) to get custody changed to demand that we BOTH pay half of the cost for a group home? I am willing to pay half and share cost of clothing etc as needed. ANY advice appreciated. thank you.

    October 16, 2012
    • This is a difficult problem. Sounds like your son is still going to be dependant through his adult years. It is likely that both parents will still have a responsibility to support. You should meet with a lawyer in your community and get some legal advice.

      October 18, 2012
  165. Kasey #

    Is it possible to stop child support payments if the mothers new spouse agrees to be the legal father and I sign my rights over to him?

    October 17, 2012
    • Good question that depends on the law and rules in your jurisdiction. In Ontario, for example, if a child is adopted by another person then that child may no longer be defined as a “child of the marriage” which is language used by the Divorce Act. Accordingly, a legal adoption may end the biological parent’s responsibility to pay child support.

      October 18, 2012
  166. cathie #

    If the custodial parent has to move provinces for new husbands’ job transfer who is financially responsible for the non-custodial parent’s visitations? ie. flights…

    October 17, 2012
    • In these circumstances, the increased costs associated with access might be a set off against the access parent’s obligation to pay child support. If one parent moves with a child to another jurisdiction then that parent would have the obligation to compensate for the increased costs reasonably associated with access.

      October 18, 2012
  167. Jason #

    I’m sure my ex is making an income, but she says she’s not. She lives with a dr. Who owns a walk in clinic, and this march she purchased an iPod for our daughter, which she told my daughter was from her income tax. How do I find out? And also how do I get an order in motion?
    Thank you
    Jason

    October 17, 2012
    • Parents in Ontario are required to produce income information and disclosure purusant to the child support guidelines. Request the information and the decide your next step. The Ontario courts have FLIC offices that provide information and forms needed to go to court (motions etc.).

      October 18, 2012
      • Jason #

        Will the courts know if she’s lying. She used to work at that clinic when we were together. Also how far can I go back? I’ve had full custody for 7 years.

        October 18, 2012
  168. Jackie #

    Hello,

    I have never asked for support in court because my ex has always just paid me a small amount of child support on his own. He has now stopped paying me and I am taking him to court. Will I get back pay for the months he did not pay me anything?

    January 15, 2013
    • The court can make an order for retroactive support. The DBS decision is discussed previously in this comment section.

      January 24, 2013
  169. Gabby #

    If a man is ordered to pay child support while away at college and he doesn’t know i f its his, can he be ordered to pay because he missed the court date? (Ohio)

    January 18, 2013
    • You should meet with a lawyer in your community and get some legal advice. Good luck.

      January 24, 2013
  170. sadia #

    My husband has been paying a child support to his ex and just found out now that the child is not biologically his,they got divorce in Kansas,does he has to still continue to pay the child support?

    January 22, 2013
    • You should meet with a lawyer and get some legal advice. Good luck.

      January 24, 2013
  171. Kelly #

    I pay child support for my son who is now 18. He does not live with the custodial parent and refuses to reside with me because I live out of town. He was living with a friend but was asked to move out because he didn’t follow the house rules and now resides with his grandparents. He is not currently working, does not pay rent and is attending college on a 32 week program (considered a full time course). The custodial parent has been collecting the support even though he’s not living there. The custodial parent refused and continues to refuse to give the support for the child to the friend or grandparents. I have filed a statement with the FRO and am still making support payments to FRO who in turn is withholding the $ from the custodial parent due to the circumstances. My 2 questions are… 1. am I still required to pay the support when the child is not living at home even though he’s attending school? 2. If yes, then would the custodial parent not have to pay support as well as the non custodial?

    January 22, 2013
    • You need to follow the court order. If there has been a change you can return the matter to court and seek a new order.You should meet with a lawyer and get some legal advice. Good luck.

      January 24, 2013
  172. Tammy #

    If a mother takes child support out on the dad even though they have an agreement and hes been paying it and then she decides to cancel the court order child support and then changes her mind again can she go back through the system again to get it??? I have heard that you have to wait 3 years???

    January 23, 2013
    • You can apply for support without waiting.

      January 24, 2013
  173. jeanette #

    I have a question im in the process of filling for child supporrt but his family tells me they wont ananything because he doesnt work his social but he works for his dad they own a construction company he gets paid cash every week he gets paid his parents own two properties they have lexus n mercedes cars and they think 120$ is enough for diapers every two months another thing he neverwants to see the kids hes always saying his busy ith his parents i need help too i cant always pay for a babysitter it cost too much by the way i have a set of twins who nobody wants to watch and i have to work to providefr my kids .

    March 12, 2013
    • See our previous thread and blogs re imputing income.

      March 20, 2013
  174. What are my husbands right on child support, he got fired from his job almost a year ago and was unemployed for 9 mo. But was paying $530+$120 for health insurance before being fired & he also owes back about $20,000. Now he just got a job this month ,it seems they r starting to garnish this month & his ex doesn’t let him see his daughter, she blocked him from fb, from family members of my husband see her & tried to talk to his daughter with out her noticing, they realized that she has brain washed his daughter & put bad ideas into her head plus saying that she don’t have a father. This is in Omaha NE & my husband is in Denver Co. We realized she got breast implants & her boyfriend of years is a former restaurant owner & she holds a part time job & seems she parties alot so we wonder where does she leave this now 10 yr old girl with & also my husband said she cheated on him ,but she refused a DNA test for him & she don’t let him see his daughter either way if the support payments can go lower & do DNA & custody. so what do you advise us to do? Sorry for long story!

    March 12, 2013
    • Access and child support are usually unrelated matters, Support should be based on income earned. You should consult a lawyer in your community and get legal advice.

      March 20, 2013
  175. tRACY #

    IF A MAN FINDS OUT HE HAS A DAUGHTER OF 29 YEARS (HE NEVER KNEW HE HAD) CAN SHE OR THE MOTHER GET BACK CHILD SUPPORT

    March 12, 2013
    • See our earlier thread re retro child support claims. The claim should be made before the child becomes and adult.

      March 20, 2013
  176. Gerald bray #

    My son lives in Texas and I live in Colorado , I was never given an opportunity to represent myself in court due to it being out of state! I have been paying child support since there’s been a court order, my payments come directly out of my check at work . My question is I just got my tax return and found out 4000$ of it went to my retroactive child support or back child support. I have been paying all my support payments on time , now that my tax refund was offset and my arears is paid off how do I make sure they stop taking the retroactive support off my work check? Who do I call to make sure it’s paid off ? I’m very frustrated with the fact all of my support payments have been paid on time and I there nothing due just what I owe in arears! Plz help!

    March 13, 2013
    • You should meet with a lawyer in your community and get some legal advice.

      March 20, 2013
  177. When the payor voluntarily contributes to an education fund, will that amount (300.00 per month) be taken off the child support amount as per the table?

    March 14, 2013
    • Not likely. The voluntary payment is above and beyond the base child support. Usually a set off is not available.

      March 20, 2013
  178. sharo blassingill #

    My sons sperm donor is a professional boxer, he has pics up on facebook and youtube and twitter,ect… He tells the child support he doeant have a job how can that be put out there to child support that hes lieing about his employment?

    March 16, 2013
    • You may have to ask a court to input income the support payor.

      March 20, 2013
  179. Melissa #

    Can child support be granted, if the father is unemployed?

    March 17, 2013
    • Depends. Underemployed, unemployed or intentionally unemployed? People have a duty to maximize their incomes and the court can input income to support payors.

      March 20, 2013
  180. Renee #

    If a father is paying an amount that was agreed upon by both parents and it is above what family court says he should pay, can the mother have his wages garnished if he has always paid and paid on time.

    March 17, 2013
    • This would depend on the language in the original agreement. Agreements and Order in Ontario can be filed with FRO for enforcement.

      March 20, 2013
      • Renee #

        The original agreement was written only by the mother, no lawyers looked it over, neither had independant lawyers and no financial information was given to the father at the time the agreement was written. Is this agreement completely valid or can it be challenged in court

        March 21, 2013
  181. Al D #

    My son will be turning 21 in April. He is currently in college and will be done his 2 year course. His plan is to go to university following college. I have been having a hard time getting truthful answers from him in regards to whether he still resides with his mother, or has moved out, living with his great-grandfather or elsewhere. I have been paying support since 1994, and have, at times struggled with job loss and health issues in the past, accumulating arrears of over $20,000. I have worked my tail off to bring these arrears to nil. While in court, my ex and I agreed that once the arrears were paid off, she would stop support payments. I was told that once my son obtains his college diploma/degree, my ongoing payments were to stop. I have not contacted my ex at all, since it just raises her blood pressure bringing up the issue, I need to know what the facts are in this case. Do my payments stop when my son finishes his college?? Please help
    Best Regards,
    Al in Ontario

    March 17, 2013
    • You should meet with a lawyer and get some legal advice. Most parent can agree as to when support should end. If no agreement you may be required to go to court and obtain a new Order.

      March 20, 2013
  182. Tommy Dalton #

    If garnishment has been started by the agency, generaly how long does it take to get a payment. There is a court order in place that reqires her to pay.

    Tommy

    March 18, 2013
    • If the agency is FRO it could take a few months, at least, for payment to arrive.

      March 20, 2013
  183. The Grandmother #

    What if your daughter was 17 when she gave birth and father was 21. The maternal grandmother filed child support against the father. Before we could go to court my daughter turned 18 and the father diled a motion to have the grandmother removed from the order.The daughter and grandbaby still live with the gradmother.Question? Can grandmother still seek child support from the father since her daughter and baby still live with grandmother?

    March 19, 2013
    • Perhaps the grand mother should consider seeking the support order.

      March 20, 2013
  184. Fredc #

    What if im a teen dad but im 18 an still in school , how does child support work in pyaing?

    March 22, 2013
    • You would pay based on your current income (if any).

      March 22, 2013
  185. Twon #

    If the kids stayed with the father can he get back child support years later even tho the kids are staying with the mother now?

    June 6, 2013
    • Please reference the earlier comments for retroactive support claims (made in Canada).

      June 20, 2013
  186. Stephen Andrist #

    I just found out my girlfriend filed for child support behind my back. We have a two year old and been together for three years and are still together. What do I do she is out of work right now and I am the sole provider? I think she plans on leaving me but I want to have joint custody.

    June 10, 2013
    • You should meet with a lawyer in your community and get some legal advice.

      June 20, 2013
  187. Daniel Coleman #

    My child’s mother will not let me see him and I need to know my rights about what I can do to get a custody agreement. I have been paying child support but do have back support that I owe. I also have a paternity test proving that he is mine. I live in a different state and was manipulated by his mother to move back home due to her stating she was going to be moving with my child back to this state. Since the time I moved she met and married another man and has cut me out of the picture but still allowed my family to see my son on vacations they would take to Florida as long as I was not allowed to be there.What are my rights in this situation and what should I do to fix this.

    June 10, 2013
    • You should meet with a lawyer in your community and get some legal advice.

      June 20, 2013
  188. Kat #

    The child is already 18 but is still going to school and the mom is still getting child support. However, i have found out she is not using the money to support my kid, but using it for herself, she doesn’t have a job so she living off of what I give her, Is there a way that I can instead of giving it to the mom, give it to my 18 year old son.

    June 11, 2013
    • This depends on the circumstances of your case. If the child no longer living with the mother it may make sense to pay support directly to the adult child.You should meet with a lawyer in your community and get some legal advice.

      June 20, 2013
  189. Diane #

    Hi, id really love some advice. Me and my childs father are on good terms. Every month he gives me a set amount (decided by us) Because the child lives with me. My child is on medicade and I just got a letter saying we got your request for child support and are going to go after the dad now. ( I never requested it i actually the state a letter sayinf he was paying me) I read online that bc im getting aid from the state he has to pay them and they will give me whats left? So my question is cant we just continue to have him give me money directly and if we refuse for him to pay the state will my child loose insurance?

    June 13, 2013
    • You should meet with a lawyer in your community and get some legal advice.

      June 20, 2013
  190. Hi I live in Texas and I have been on child suport for two years , I have a nine year old girl. She lives with me , my question is till what age can she stop seeing her father. I tell her not till she is 18, she get really sad and cry when she has to go. This make s things really hard for me, but I feel like I dont have the right to do anything. Im scared to do something wrong , my sister told me that at her job one of her friends was in the same problem as me. she went to court and they said that for the baby to get used to her dad was going to be one week with him and one week with her. I really dont want that to happen to us. This is really hard I only get 300 a month and to have someone that never did anything for her come in to our life and have the same right as me . is like I cant take a step with out him telling me no or yes. I was wonderin if I can aske to change my summer month , I get her on june 1 – 31. school ends the 6 and the father day comes , I cant go any place with her for summer because of this. so I was wonderin If I can get july and he can get june for his fathers day cuz this gets to me!!! he gets her july1 – 31 all month he can make plans but not us thanks

    June 13, 2013
    • You should meet with a lawyer in your community and get some legal advice.

      June 20, 2013
  191. hopeful #

    I have full custody of my son and have a court Mediated agreement with my X that states he will pay half of Section 7 Expenses and pay support based on his income when he gets a job (he now has one). I am trying to get support and section 7 expenses but FRO can’t enforce a non number amount. Since our agreement he has not paid anything, but instead insists ‘he’s working on it’. I had the opportunity to file a 23C but am now being asked to come in for a half day uncontested trial. Do I need to file a Motion to Change for the Section 7 expenses and how do I get an income imputed now so that FRO can enforce it? He was making $50 K before he quit. How do I get a court to assign a variable dollar value to the Section 7 expenses so I don’t have to keep going back to court for FRO to have a number to enforce?
    Thanks!

    June 13, 2013
    • Proceed with the uncontested trial and provide evidence to support imputing income to the payor spouse.You should meet with a lawyer in your community and get some legal advice.

      June 20, 2013
  192. mika #

    My daughter’s father had custody of her during the school year but i have her 2 months of the summer. It’s in our court order he is to meet half way between my house and his. It now that time to meet up and her informs me he has had his license suspended for excessive speed. So he is going against the court agreement to meet up. What can i do??

    June 14, 2013
    • Maybe ask for additional time to make up for the extra drive or some financial compensation.You should meet with a lawyer in your community and get some legal advice.

      June 20, 2013
  193. Claire #

    My 11 year old son don’t want to see his dad because his dad slapped him I don’t know what to do

    June 19, 2013
    • Maybe speak with your family doctor and get some counselling. There can be a fine line between disciplining a child and assault.

      June 20, 2013
  194. Eva #

    My husband has been divorced for about 12 years in his ex wife moved to USA with her new husband a few years later after the divorce. My husband was living over there and sending his daughter 500 dollars a month which he increased to 1000 later in the years to his daughters account. I just petitioned my husband a 2 years ago to the USA and he just got here last October. His ex wife is now asking a back pay of child support of his 18 year old daughter. He still not citizen so he can not get the proof of the money he has sent and since he does not have a good relationship with his daughter she is denying getting that money now. Does he still have to pay even though she re married and he has been sending his daughter money.all this years, but can’t prove it. Please help

    June 20, 2013
    • This my turn on credibility and could look just like an excuse. You should get a receipt or record (cancelled cheque or bank statement) for support that is being paid.

      June 20, 2013
  195. Broke Mom #

    Im a single mother of a 4 year old.I have never filed child support on the father of my child. I have always had a job. But I live paycheck to paycheck. He rarely sees my daughter. And I rarely ask him for money.but now times are hard and I’m struggling. Everytime I ask him for money he always answers he doesn’t have any. He said he was unemployed for a few months, but now have a job. Its been six months since that conversation and he hasn’t given me a dime.I’m tired of his BS. I want to file child support. But I’m afraid I make too much. Does that matter?? I think he needs to take some kind of financial responsibility too… what do I have to pay for the child support court and all that?? I’m just so frustrated!!w

    June 20, 2013
    • Your income does not disentitle to you to child support. Support should be based on the payor’s income.

      June 20, 2013
    • Broke Mom #

      can i get a reply!!

      June 20, 2013
  196. Vanessa A #

    My daughter father is in the military he pays $480 a month for child support,he got married had marital affair n had another baby he pays $288 a month for the other baby,since then he has apply to try and get a reduction from my child.My daughter is almost 3 he does not see her when hes home he doesn’t call her ,he buys her nothing no bday picture nothing I do e very thing by myself ,her daycare expense is $630 a month,he’s always going on vacation with his wife to Florida ,Bahamas but does not pay his daughter a visit it hurts me but I focus on my daughter because she’s my priority so anyways back to the court if I argu these points will I be able to maintain my daughter payment of $480

    June 20, 2013
    • It may depend on the reason he is applying for a reduction. Simply having another child may not be sufficient. You should meet with a lawyer in your community and get some legal advice.

      June 20, 2013
  197. Edith #

    My husband and i have a 15 year old daughter who has started listening to a friend who has encouraged her to be so called free thinking. Our daughter has decided now she does not want to listen to our rules. She wants to live with the mother of her friend. This mother has some questionable theories of life as well.
    1. Education is not super important
    2. Following social structure is something that takes away independent thinking.
    3. Drugs, alcohol and so forth are not all bad
    We had an original order that our daughter and her friend cannot communicate. That was useless.
    We then tried to let them communicate openly, hoping that this would help our daughter see that some of the things her friends family say make no real sense.
    She now wants to live with them for the next semester. They live a distance away. It is in Ontario.
    It has been our experience that no matter what we do. Our daughter wants this.
    If we say no, her comments are:
    I will run away
    I will do drugs etc.
    I will be difficult to live with
    I will get into trouble with the law
    I will never see you again
    I will not ever let you see your grandchildren when I have some
    and more
    I will do these things just to hurt you because you want to control me.
    She has been very difficult to live with.
    We are considering these options:
    Option 1. Tell her she has to stay here. This is home and we will ensure her all the support, financial and otherwise while she lives here.
    If this is the option we go with, does this leave us in legal difficulty if she gets into trouble
    She is strong willed and we expect some difficult moments.
    Option 2. Handing her over to Childrens aid.
    Again our concern is that she is strong willed and we expect some difficult moments.
    Option 3. Let her live with the family. If so we have figured out a base financial amount that will be given to her to support herself.
    We need to know what legal requirements we need to meet to this family outside of some money.
    It would be for this school semester.
    What legal rights does she have after she turns 16 and we do not refuse living at home.
    In your opinion. which option is the best one legally.

    August 21, 2013
  198. Thank you for the comment. Perhaps you should get a second opinion from another lawyer.

    R

    April 23, 2011
  199. joel #

    hello, i am currently battling CSS over what IS and is NOT suppoed to happen with the suppport order i have now but i seem to be losing. I am in the military so alot of rules either apply or dont apply or over rule others….. is there anyone who can help me out with just a few answers i have questions on?

    new322@yahoo.com

    thanks to all

    November 9, 2011
  200. Knw any good ones in wichita ks. Having some major issues with this one and the court system is really wishy wasy if ur by ur self. I’m dealing with a childsupport +

    June 3, 2012
  201. Try seeking some help from advice scence.com. Good luck Joel.

    November 9, 2011
  202. Having a job and receiving child support are unrelated in Ontario. Spousal support might be a different issue. But the custodial parent’s employment or lack thereof does not affect base child support.

    April 16, 2012
  203. Sorry Jamie we do not. Try Avvo to make a connection.

    June 3, 2012
  204. Can’t anyone answer my question please … it’s been awaiting moderation for about a month now .. please can you help me ??

    October 10, 2012
  205. It has been posted.

    October 10, 2012

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