How to Get Child Support from My Ex?

The feeling of being a parent is irreplaceable. With children, life changes- for the better! Conversely, it may be slightly challenging to be the parent you want to be without your partner. If you are divorced or broken up, you may need to seek out child support for your loved one. Are you unsure of how to tackle it?

Read on to find out how to get child support from your ex.

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Understanding Child Support

If you are a single parent, you need to be well-equipped with decent child support knowledge. The law states that every parent has a financial obligation towards their child. One exception is when an individual undergoes legal terminations of their parental rights.

If you have custody of your young one, the courts assume that you contribute to your child’s growth adequately. However, if your child lives with their other parent, you must fulfill your obligation in the form of child support.

If the courts dictate that you pay child support, you have to make payments to the custodial parent until your child attains adulthood. Children with special needs may require further child support.

The other two circumstances that will conclude your child support payments are as follows:

  • The child is an active-duty military individual.
  • The courts grant emancipation to the youth.
  • The custodial parent remarries, and the stepfather chooses to adopt the child.

Since you have custody of your child, your ex is obligated to do their part in raising your child. There are different cases of how the courts determine the responsibility for child support.

You already know that if your ex-partner terminates their parental rights, they will not be obligated to pay child support. Sometimes, however, the courts may require the parent to continue paying support even after termination of rights.

How the Courts Determine the Responsibility?

You may be wondering how the courts decide who pays the child support and to what extent.

According to most courts, the onus of paying child support falls on the parent who the child is not living with. Even so, there are various approaches to the situation.

When You Have Sole Custody of Your Child?

If you are the sole custodian of your child, your ex must pay child support. It is the typical circumstance in most situations of this nature. If you have a part-time job or are a stay at home parent, your ex will have to pay accordingly.

When You Share Custody?

If you and your ex-partner have joint custody over your child, the courts take the following factors into account.

  • The parent with a higher income pays an increased amount of child support.
  • The parent with whom the child spends most of their time pays a lesser sum.

There is no concrete method of devising the precise amount each parent must contribute towards the child financially. All cases are unique, and the outcome is subjective.

How to File for Child Support?

You need to meet specific criteria if you intend to seek child support from your ex. It includes proving their biological relationship with your child. It is quite a common misconception that unmarried parents who have broken up do not owe child support.

Even if you were not married to the other parent of your child, they still have a legal duty towards their child’s future. Your child is entitled to provisions from your ex.

Parental obligations do not rely upon the relationship between parents. You can file for child support in this case.

Collecting Child Support Payments from Your Ex

Once the court orders your ex to engage in actively paying child support, it is legally binding. Your ex must pay the amount that the courts finalize. You can begin receiving it.

Generally, the most effective method of enforcing child support orders is through direct withholding. It means that your ex’s employer will withhold the required amount and send it to the family responsibility office who will send it to you.

Your ex may send you the child support money through traditional mail checks. They can also choose to transfer money into your bank account.

What to Do When Your Ex Fails to Pay Child Support?

It may be possible that you are in an unfortunate condition where your ex does not pay child support. Sometimes, even the methods of enforcement are not adequate. What can you do to straighten out the situation and receive the support your child deserves?

Read on for some possible solutions.

Have A Conversation With Your Ex 

If you can speak to your ex amicably, then you must talk to them. Try to find out the reason for failure to keep up to date with the payments. You can also explain your circumstances and the best interest of your child. It may seem like a futile step to take, but you must try!

 

Create A Contingency Plan 

If talking to your ex yields no results, you need to draft a financial plan to fall back on. The growth and needs of your child are at stake. You may have to cut down on expenses and live relatively frugally for a while. You may even want to consider getting a job if you are a stay-at-home parent.

You can take the matter of your ex not paying child support, but it may be a lengthy process. Perhaps your ex is unemployed or unable to pay support. You will still have to devise ways to keep your financial situation stable for your child.

Consult A Child Support Lawyer

It is always better to seek legal advice on matters such as this. Contact your lawyer and find out what options you have. You must be ready with all the legal information you may require should you need to step back into family court.

Contact the Local Child Support Office

Typically, agencies of the government will help you out at no cost. They will attempt to enforce orders of child support free of charge. An advantage of contacting your local child support agency is that it may have resources that attorneys may not hold.

Despite this, you must prepare for a lengthy waiting period since government agencies are brimming with responsibilities.

To Sum Up

It is the responsibility of both the parents to ensure a sound and secure future for their child. It does not matter if you were not married to your ex-partner. They still owe child support to you. It may take time before you begin receiving child support, but you must file for it as soon as possible.

The government of Ontario has a proper system to ensure that you receive all the financial care and support your child needs.

If you find yourself in a situation where child support payments are not being made call us today for a free consultation, we can help.

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