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What do I do if child support isn’t being paid? Can access be refused?

In short, no. Limiting or denying the rights of the other parent is frowned upon by the courts, and should not be done without a court order. The law in Ontario holds that support and access/custody are not linked in this way, and does not look kindly on parents who attempt to exercise “revenge”.

However, if your child’s parent has not made their support payments as outlined in your separation agreement, you have the option of filing it with the family court. The family court will then forward your agreement to... MORE »

Most Recent FAQs

Do adult children still receive child support?

In some cases, parents are still required to pay child support for adult children (children over the age of 18).

The determinants of whether child support is still owed for an adult child include the following:

  • if the child is enrolled in full-time education
  • if the child is ill or disabled
  • if the child is unable to support themselves because of extenuating circumstances

In some cases it is unclear whether or not child support should continue to be paid for an adult child. For example, a parent may be required to pay child support during... MORE »

What are the factors that determine child support?

According the Child Support Guidelines, the income of the payor and which parent has custody of the child are the largest determinants of the amount of child support.

First, child support is determined by the amount of total gross income of the payor parent. Gross income is calculated based on the payor parents total income before tax, rather than after tax. The parent who has custody of the child(ren) is referred to as the recipient parent.

After determining the amount of income of the payor parent, a standardized table called the Federal... MORE »

Is a religious divorce “legal”?

In short: a religious divorce is not a legally recognized way to end a marriage in Canada.

If you are practicing a religion that requires a religious divorce (for example, to remarry) than you may need to acquire a religious divorce in addition to your legal divorce.

In this case, it is important to outline that the courts cannot grant your religious divorce at the same time as granting your legal divorce. You will have to receive this religious divorce separately, likely from your religious organization.

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What if my spouse and I got married in another country? Can I still get a divorce in Canada?

In Canada, divorces are granted based on the status of your marriage as defined by Canadian legislation, not the legislation of the country you were married in. As long as either you or your spouse have been residing in Canada for one year or more, you can be granted a divorce. Furthermore, provided you have lived in Canada for at least the required one-year time period, you can receive a divorce in Canada even if you and your spouse are not citizens of Canada.

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