Child Support FAQs

What do I do if child support isn’t being paid? Can access be refused?

In short, no. Limiting or denying the rights of the other parent is frowned upon by the courts, and should not be done without a court order. The law in Ontario holds that support and access/custody are not linked in this way, and does not look kindly on parents who attempt to exercise “revenge”.

However, if your child’s parent has not made their support payments as outlined in your separation agreement, you have the option of filing it with the family court. The family court will then forward your agreement to the Family Responsibility Office, who can use other methods of enforcement.

If you do not have a separation agreement, but have a court order, you have the option of filing a contempt motion in family court. In this way, the court can exercise its discretion to enforce the payment of support by levying a fine against the other parent, or in some extreme cases, imprisoning them.

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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), Oshawa, Concord, Lindsay, and Peterborough.

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