The purpose of child support is to guarantee that, following a separation or divorce, children maintain access to the financial resources of both parents. Unlike spousal support, which is negotiable, a child has the right to support, and the obligation to provide it cannot be negotiated away.
Despite the judicial system’s commitment to protecting children’s financial future, ex-partners sometimes fail to meet some or all of their child support requirements. If you are experiencing difficulty with this, a Hamilton child support enforcement lawyer with The Riley Divorce & Family Law Firm can help. Our dedicated child support lawyers are available 24 hours a day to assist you.
The Federal Child Support Guidelines primarily govern child support for married parents divorcing under the Divorce Act. For unmarried parents, provincial laws usually apply, though most provinces have modeled their legislation closely after federal rules.
The application for child support is typically part of a separation agreement or finalized divorce orders. Sometimes, parents agree amongst themselves about the support amount without requiring a court order. If they cannot agree, they must apply to the court.
Parents who were married apply for child support under their province’s superior court, while unmarried parents apply under their provincial court. The court then issues a final order outlining the long-term child support arrangement between the parents, including the amount of support and the schedule for payments. The order remains in place unless it is amended or modified. Our lawyers in Hamilton regularly help clients whose ex-partners do not adhere to financial support agreements for their children.
Parents who do not meet their child support obligations face serious consequences. Typically, the initial action is a court order mandating the payment of overdue support or ongoing support. If they still do not comply, the federal government uses a variety of enforcement techniques, including seizing tax refunds, suspending passports and driver’s licenses, and garnishing wages.
The court may also take action against those guilty of non-payment. The parent receiving child support can sue the other parent for the amount owed, plus their interest and court costs. Depending on the response, the court has the authority to issue penalties and, in extreme cases, even send parents who refuse to pay to prison.
To avoid involving the courts and facing unpleasant consequences, parents could work with their lawyers to prioritize communication. Openly discussing relevant financial difficulties or payment disputes may lead to agreements without costly and stressful court involvement. If the other parent is truly facing financial difficulties and is unable to pay, the court can modify the agreement in light of changed circumstances or work out a payment schedule that allows installments instead. Our Hamilton lawyers, who regularly deal with the administration of child support cases, could work with you to reach a satisfactory solution.
Not receiving the child support required by law can create financial stress for you and cause your child to miss opportunities they should otherwise have enjoyed. It is usually best to address child support enforcement issues early on rather than simply hoping things will improve.
A Hamilton child support enforcement lawyer at the Riley Divorce & Family Law Firm can discuss your options with you and help you find a solution that will better provide for your family. Contact us today to get started.
The Riley Divorce & Family Law Firm
