1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Does he have the right to withhold child support?

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

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.

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

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: (866) 557-3222.

(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 Andrew Kania for a free consultation).

Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x