Will divorce force my husband to pay child support ?

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Is divorce the only option to get my husband to support his children financially. My husband has contributed next to nothing towards the upkeep of our two children. We both work but he doesn't factor the children into his side of the budgeting. One of the children just finished university and he did not contribute towards her education. The other one will finish in two years and I have not option now than to force his hand to pay his share towards her upkeep. Thank you.

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: You need to be legally separated to seek child support from your spouse. However, if you do not wish to separate, then YOUR CHILDREN can make a direct claim for support against your husband (and you.) I want to make sure that you are clear in terms of your options, so that you do not unnecessarily separate if you do not wish to do so, and thus I suggest that you call me for a free consultation. As one option only, we could be retained by YOUR CHILDREN and then seek to obtain from your husband, on behalf of your children, his fair share of their expenses.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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