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My children are adults now. Do I still have to pay support?

Child support payments are required to be made at least until a child reaches the age of 18. However, even if your child is 18 or older there are some circumstances which may extend the period of time during which support must be paid.

Common scenarios in which support must be paid include where a child is enrolled in an education program full-time, has an illness or disability or in some extreme situations where an adult child is simply unable to support themselves.

It is not always totally clear when support must... MORE »

Most Recent FAQs

Can my ex use private text messages between myself and my current partner as evidence in family court against me to get access to my child, even though she did not have my permission to do so?

Text messages are often used in family court, and can be used as evidence towards custody and access. However, where the text messages have been used without permission, judges have split on whether or not they should be admissible. A judge’s analysis of admissibility generally turns on “probative value vs. prejudicial effect.” In other words, judges will determine if the usefulness of this evidence will outweigh the harm it may cause one of the parties. “Usefulness” is associated with the best interests of the child. Unfortunately, it is impossible to... MORE »

My spouse didn’t make their child support payment. Can I refuse them their access visit?

You can never deny or limit the rights of an access parent without an order of the court. In Ontario the law says that support and custody/access issues are not directly related and one parent cannot obtain “revenge” in this way.

If your spouse has not made their support payment and you have a separation agreement you can file it with the court and who will then forward it to the Family Responsibility Office.

If your spouse has not made their support payment and you have a court order then you can... MORE »

Can I just agree with my spouse on an amount of child support?

Legally you cannot just agree with your spouse on an amount of child support. In Canada our law says that child support is the right of the child and therefore it cannot be given away by a parent. Child support must be paid in the amount stated by the Child Support Guidelines.

If a lessor amount is being paid then the support payor must prove that they are supporting the child in an alternative way which is acceptable to the court and both parties (i.e. paying private school tuition or a... MORE »

Can somebody who is not a parent get custody of a child?

Usually parents will have the best claim for custody of their child, however there are cases where somebody who is not a parent may be able to get custody of a child. The court will always consider what is in the “best interests” of the child, but our government has created laws which say that it is in the best interests of children to live with their parents wherever possible.

Another person may be able to get custody of a child where there is very bad behavior displayed by both parents... MORE »