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How can I get the child support owed in the meantime?

Anonymous Asked:

Hello
We are in the process of doing up the separation agreement. We have figured out how much Child Support we should be receiving using the child support calculator. My spouse refuses to pay until the separation agreement is signed. Which can take months. Is this allowed? How can I get the child support owed in the meantime? thanks

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Andrew J. Kania, LL.B., LL.M.
10 years ago

You have entered into a voluntary process, namely the negotiation of a Separation Agreement. You cannot require a father to pay child support as part of this voluntary process, unless of course he agrees. If you need assistance given the fact that he will not pay child support to you then your only alternative, unless once again he agrees, is to commence a Court Application. We could then obtain a Court Order in your favor requiring him to pay child support. If you wish to discuss these issues you are welcome to telephone me at 877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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