Does he have the right to withhold child support?

Anonymous Asked:

My partner and I are in the process of finalizing our separation. While we had agreed to separate a couple of months ago, we have been living under the same roof until our new living arrangements came to fruition.

Recently there has been an incident involving relations with another person, and as a result my partner is threatening to decrease or withhold child support. Does he have a right to do this? I will be the primary caregiver for our child.

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

10 years ago

Child support is governed by the Child Support Guidelines. They are regulations to a statute and mandatory. As long as your child lives with you 61% of the time or more, then your spouse will pay 100% of the required child support under the Child Support Guidelines. In addition, the two of you share the section 7 special and extraordinary expenses proportionally based on your respective incomes. The most common examples are daycare, university, and orthodontics. Of course, there are many other examples. It is absolutely irrelevant if one or both of you are, or become, involved in a relationship with another person.

In order to protect you from the whims of your spouse, we should register a Separation Agreement or Court Order with the Family Responsibility Office. They will then enforce your support payments on a monthly basis - for free - which will defeat his threats to decrease or withhold child support.

If you wish a free consultation, you are welcome to call me at: (877) 668-9386.

(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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