Obtaining Child Support

May 19th, 2014 by

Obtaining Child Support
Toronto Family Law lawyer, John Schuman was asked this question:

“The father of my daughter’s two kids is refusing to pay child support because he is making her car payment. At the same time he is driving a car that is in her name which she is paying the insurance for. He uses the car, that he is making payments on, the weekends he has his kids. I’m sorry but this is not right. She is afraid to do something about it because he is very intimidating. What should she do?”

Here is John’s answer:

He should be paying child support pursuant to the Child Support Guidelines based on his income, which includes both base support and his contribution toward the children’s “special and extraordinary expenses”, which are health, education and child care expenses as well as certain large expenses. To learn more about child support, watch this video and listen to this series of podcasts, starting with this one.

He should not be paying for her car, nor should she be letting him use it. That is prolonging a dependency which sounds unhealthy as their relationship seems like a bad one and it is over. They should separate from each other as much as they can while remaining parents to the kids. The car is an extra tie between them.

That said, if your daughter and the father lived together for any period of time, your daughter may be able to seek spousal support as well, which would cover the car payments. For more on spousal support, watch this video, and listen to this podcast.

If the father is intimidating, threatening or aggressive, then your daughter really needs to speak to a good family lawyer to “level the paying field.” A lawyer will not be intimidated by him and can advise as to the best options for dealing with that sort of behavior. (This article explains the current rules of retraining orders).

To get even more information on restraining orders, child support, spousal support and the options for your daughter to pursue her rights, pick up a copy of this $20 easy-to-understand book on Ontario Family Law.

John Schuman is a Certified Specialist in Family Law. He is the partner managing the Family Law Group at Devry Smith Frank LLP, a full service law firm located near Eglinton and the Don Valley Parkway in Toronto. Learn more about John. Call him at 416-446-5080 or 416-446-5847 or email john.schuman@devrylaw.ca.

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