My ex refuses to give me any money for our kids because I’m the one that ended our relationship and then left with the kids. What can I do?

Your children are entitled to receive financial support from the parent whom they do not primarily reside with irrespective of the circumstances surrounding the breakdown of your relationship.

If your ex refuses to willingly provide financial support for your children, then you may need to meet with a family lawyer. The family lawyer should be able to assess the circumstances of your case, and help you to obtain an order from the court which requires your ex to pay child support.

In addition, the family lawyer should be able to advise you of other orders that you may want to apply for in order to protect your children’s interests and your interests.

How much child support will I get from my ex if we separate?

In Ontario, the amount of child support that a person pays or receives is determined by the Federal Child Support Guidelines. The Guidelines provide a monthly amount of support payable and receivable based on the support payor’s annual income, and the number of children which he/she is required to support.

In addition to the Guideline amount of child support, a support recipient may also receive a contribution to the special or extraordinary expenses incurred for the children. What constitutes a special or extraordinary expense and the amount each party should contribute is not determined based on the Federal Guidelines. The amounts are determined in consideration of both parents’ incomes, and the necessity and reasonableness of the expense.

We have a final court order for child support. Now my ex wants to pay less. Is this allowed?

A final order for child support can be changed if the person seeking to make the change can demonstrate to the court that there has been a material change in circumstances since the final order was made. The material change has to be significant enough that the terms of the final order are no longer appropriate.  An obvious example is a reduction in the support payor’s annual income if the reduced income would  result in a different level of child support detailed in the Federal Child Support Guidelines.

My ex says he/she is unemployed, but I know he/she is working for cash. How can I get child support?

When someone works for cash, and does not report their entire earnings to the CRA, it is very difficult to prove the exact level of their income.  If your ex is intentionally under-employed or unemployed, in some circumstances the courts may make a child support order based on an income amount that the court considers appropriate.  This is not an automatic result, but may be the result if specific legal arguments are successfully made.

Dawn M. Bennett is a divorce lawyer who practises Ontario family law, including Collaborative Divorce, with Bennett Law Chambers in Mississauga, Ontario.

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