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
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?
Good question Rob. It does not sound like he is dependant or a child requiring further child support pursuant to the Child Support Guidelines.
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?
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.
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.
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
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.
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
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.
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.
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.
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.
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?
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.
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.
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.
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.
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
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.
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?
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.
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.
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.
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**
You should contact a lawyer in your community and seek legal advice specific to your situation.
Good Luck.
R
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???
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.
You should try to locate a lawyer in your community and seek legal advice specific to your case. Good luck.
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.
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.
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.
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?
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.
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
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.
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.
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.
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.
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
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.
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?
More information is required including the other parent’s income.
The leading Canadian case in this area is Contino, reference http://www.canlii.org/en/ca/scc/doc/2005/2005scc63/2005scc63.html
Feel free to call us to discuss this matter further if you like.
my question is having 2 children but one lives with the other parent do they still pay for the other child?
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.
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?
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?
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!
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.
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 e\arn 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 !!!!
Is this 18 year old still sttending school full time?
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???
Sounds too complicated for a blog response. Please give us a call to discuss further.
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?
Access and support are usually treated as two separate issues.
Access to the child should be in accordance with the child best interests.
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.
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.
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
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
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?
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.
Can my mother get back pay child support even if I’m 20 years old? My father never helped her at all.!
This question is discussed in our previous comments. Good Luck
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.
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.
Thank you for the comment. Perhaps you should get a second opinion from another lawyer.
R
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
Try seeking some help from advice scence.com. Good luck Joel.
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.