Canada’s Divorce Act obligates both parents to financially support their children. Along with adequate parenting time and decision-making responsibility, this is considered a child’s right. Even if one parent does not ask for or want child support from the other, the judge will determine what is in the best interest of the child.
When appraising your child’s best interest, a judge considers federal or provincial guidelines outlined in the Divorce Act and decides based on your family circumstances, such as whether you and the child’s other parent were married. Once these orders are set, they often remain unchanged unless a material change in circumstances warrants a modification. If you believe you may need an amendment to your child support orders, a Hamilton child support modification lawyer from The Riley Divorce & Family Law Firm could help you. Our team of child support lawyers is available 24 hours a day to assist you.
If you and your children’s co-parent have a separation agreement in place or a judge issued a court order, it may or may not specify when the parent paying support can stop. If your circumstances change and there is no stipulation for when support ends, you and your co-parent can draft a new agreement and submit it to the court. If you are the affected payor, you can also ask the court for a modification.
Most importantly, you should consult a lawyer to ensure you are drafting an amendment that both adheres to the best interests of the child standards and accommodates your circumstances. The Hamilton lawyers at The Riley Divorce & Family Law Firm are here to offer experienced advocacy when child support modification is crucial.
The family courts see requests for modification when there is a material change in circumstances in the paying parent’s life. These changes include:
The court does not generally amend child support if the parent receiving support payments loses their job. In some egregious cases, parents purposely remain underemployed or quit their jobs to argue for a modification.
Get help from a Hamilton lawyer who has experience with child support amendments if your co-parent claims they do not have the money to pay what they owe or that they need you to pay more money, with no proof that their circumstances have changed.
Even if you and your co-parent are on good terms, when a situation changes, tempers can flare and disagreements can arise. One of you may remarry and balk at paying current child support, or your co-parent may become vindictive if they feel their tie to you slipping away. Child support modification discussions can then become stressful.
If you are trying to establish a new separation agreement, our lawyers could negotiate on your behalf, draft the new agreement, or represent you before the judge. If you and your co-parent do not agree, a Hamilton lawyer could competently explain why the child support you or your co-parent is requesting is fair under Ontario law.
If both parents agree to amend a child support order, we can make the process as smooth as possible and achieve results that meet your family’s goals. When you and your co-parent do not agree, we offer guidance that considers the child’s needs first but never discounts yours. If you are looking for a Hamilton child support modification lawyer, look no further than The Riley Divorce & Family Law Firm. Contact us today to get started.
The Riley Divorce & Family Law Firm
