Child Custody Child Support FAQs

My spouse didn’t make their child support payment. Can I refuse them their access visit?

You can never deny or limit the rights of an access parent without an order of the court. In Ontario the law says that support and custody/access issues are not directly related and one parent cannot obtain “revenge” in this way.

If your spouse has not made their support payment and you have a separation agreement you can file it with the court and who will then forward it to the Family Responsibility Office.

If your spouse has not made their support payment and you have a court order then you can make a contempt motion in court requesting that the court levy a fine or imprison your spouse for failure to pay support.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.