"I need to change my child support payments" - BlogBite (22)

"I need to change my child support payments"

Folks, this is one of the most common phrases we hear in our family law practice.

People who want to change child support payments may present the following reasons (or a combination of them):

1. the payor may be making more money
2. the child is no longer in contact with the payor - ie: I am not seeing my child, why should I pay?
3. the child is over 18
4. the child is no longer in school full-time
5. the recipient of child support is refusing to provide the payor with information about the child's school attendance
6. the payor may be making less money...

and so on and so on.....this is not a complete list by any means.

Also, in the above list, not all reasons are actual reasons why child support would be changed by the Court.

When considering a change in child support, you need to address two basic questions:

1. do I have a legitimate reason to change child support?        and

2. how do I do it? - the procedure differs depending on whether the child support payments are being made based on a Court Order, based on a Separation Agreement or based on a verbal agreement.

As to a potential reason for the change, this is a legal issue and we suggest you obtain legal advice on it.

As to the procedure, we will soon be able to assist, even if you are self-represented. We are about to launch a series of Manuals and Kits, including to assist you in changing your child support payments.

STAY TUNED!!!!


UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on:

• preparing an effective Financial Statement (both long-form and short-form); 
• preparing an effective Affidavit; and
• the basics of service and filing...

MORE MANUALS TO COME! 

"My ex-wife is now married to a rich guy" - BlogBite

BlogBite (11)

Question: My ex-wife is now married to a rich guy. They live in a mansion and she drives an Audi. She does not need child support from me. Do I still have to pay it?

Answer: The answer is "yes".

The obligation of a parent to support a child is rooted in the parent/child relationship between them (and this includes non-biological children with whom the adult acted like a parent). In other words, it is you and your child who have a fundamental, including financial relationship. The child support you pay it not the right of your ex-wife. It is the right of your child and they continue to be entitled to receive it from you.

You pay child support based on your income, whether high or low. Your ex-wife's financial circumstances may mean that in the end, your child may enjoy a more affluent standard of living because of his or her mother's new financial circumstances but that does not affect your fundamental obligation to support your child.

By way of example, if you make $25,000 a year and your ex-wife's new husband makes $500,000, you still have to pay child support based on $25,000 but you are not expected to pay enough support to match her and her husband's $500,000 lifestyle.  Remember, you child is still entitled to support from you based on $25,000 worth of income.