Can a Divorce Lawyer Make My Ex Pay Child Support?
Whether the answer to this question is “yes” or “no” depends on the role you expect your divorce lawyer to take in the pursuit of child support. While a divorce lawyer cannot be the one to directly make your ex pay child support, they can be instrumental in establishing required payments.
What can a divorce lawyer do to secure child support?
Your divorce lawyer can either help to represent your case in court or assist you in drawing up a support agreement between you and your spouse. A divorce lawyer’s understanding of divorce law, including your rights as a parent, can be invaluable in securing the financial resources you need to take care of your child. A divorce lawyer will be able to look at your financial information and the other factors involved in your case and assist you in determining what is reasonable to request and how to present the information you’ve provided in order to best represent your needs and the needs of your child(ren).
A divorce lawyer will have valuable knowledge and authority that could be useful both in court and in mediation.
What if your ex refuses to follow through with court-ordered support payments?
According to the Department of Justice, in order to have child support payments enforced, you will need a support order from a court or a written support agreement signed by you and your former spouse. With one of these documents available, you can contact your provincial or territorial Maintenance Enforcement Program for assistance. In Ontario, that is the Family Responsibility Office. According to the Ministry of Community and Social Services, if you have not received child support in over 30 days, the Family Responsibility Office will first attempt to work with your former spouse to develop a payment plan. If your former spouse refuses to enter into a payment plan, the Family Responsibility Office can take enforcement actions, including garnishing bank accounts and suspending driver’s licenses.
Let us help you determine how to proceed.
Divorce is always complicated, and the addition of children can make it exponentially more difficult. Let us help you handle the legal aspect of this challenging process.
Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.
You can click here to contact us, or fill out the form on the right to Request a Free Consultation. You can also call us at (647) 496-2860.