Do You Need a Lawyer to Get Child Support?

While you don’t need to hire a lawyer for child support, having an expert ally when facing this difficult legal scenario ensures that you cover all the angles.

Ontario’s family law system considers both parents responsible for raising and supporting a child. Often, disputes arise because of tension between partners, although there are unfortunate cases in which a parent simply doesn’t want to take responsibility for their actions.

Ensure Income Transparency

Spouses who aren’t interested in taking care of their children often attempt to reduce the amount of child support they pay by hiding or misreporting income deliberately. When filing for support, courts require financial details that help reveal the appropriate amount of support.

The Ontario government outlines that the following documentation must be submitted, including:

• Taxation information from the Canada Revenue Agency, including the previous three years of returns, assessments and other submitted materials.
• Income statements that outline the amount of money earned in the current year.
• For business owners, complete financial statements that outline your economic activities.
• Those who receive government benefits, a statement that shows how much income was derived from programs such as worker’s compensation or disability payments.

Considering the potential complexity of determining the amount of income eligible for child support, hiring a lawyer helps to ensure that your spouse isn’t manipulating the numbers to reduce the amount of payment decided by the courts.

Enforcing and Updating Child Support Payments

One of the most difficult scenarios that parents face involves a refusal to pay. Despite a legal decision that clearly outlines the financial responsibilities of your ex, they may attempt to shrug off the decision, making it extremely problematic to collect your fair share. In these situations, having a lawyer present while filing for enforcement through the Family Responsibility Office (FRO) helps to protect your rights.

Through the FRO, you can begin proceedings to apply pressure to delinquent parents, such as the suspension of a driver’s licence. Another option that may compel payment include a notice of default hearing, which the FRO initiates, forcing the non-payee to appear in front of a judge in court. Having a lawyer on your side for legal enforcement activities ensures that you receive the support that you deserve when pursuing legally mandated payments.

By law, “any person whose income was required to calculate child support must provide updated documentation of their income” within 30 days of the anniversary of separation agreements or court orders. Maintaining updated income information is crucial to ensure that your child receives support according to the financial situation of the paying parent. In fact, you have the right to request the disclosure of financial information on an annual basis, which helps to secure support for your children.

Fight For Your Child Support Rights

Regardless of your legal situation, obtaining the assistance of professional family law experts sends a strong message to your ex-partner, communicating that you will fight for the livelihood of your children. Ontario courts of law and the FRO exist to help children receive proper support, but the complexity of the system and the potential for malfeasance are best dealt with by experts. Without help, you may end up receiving an unfavorable decision that makes life difficult for you and your child.

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.

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