CHILD SUPPORT 101: THE BASICS

(formerly Child Support: Everything You Wanted to Know, but Were Too Afraid to Ask)

Hi there, my name is Deleta Grandy and I am an associate with Feldstein Family Law Group. Today, I’ll be completing my discussion on Child Support 101: The Basics.

After you have determined what the appropriate amount of child support payable by the support payor is, you may be wondering how you go about collecting child support (if you are the recipient) or paying child support (if you are the payor).

How are child support payments made?

Child support can be payable via one of two ways; firstly, by Court Order, or secondly, by entering into a formal written agreement with the other party.

Whenever a court grants an Order for child support, a copy is provided to the Family Responsibility Office (also known as FRO) who collects the money from the support payor and pays it to the support recipient. This process is referred to as “enforcing” the child support order. The payor can voluntarily make payments to FRO, or alternatively, FRO can garnish the support amount from the payor’s pay. FRO will automatically start enforcing a child support order once they have received it from the Court.

At any point, the support recipient can choose to withdraw the child support order from enforcement with FRO and in that case, the support payor pay would start to pay them child support directly. This is done by signing a Notice of Withdrawal and providing it to FRO. However, at any time, the recipient can advise FRO that they would like them to recommence enforcement of the order, which FRO will do.

If you and the other parent would prefer, you can arrange for child support through the negotiation of a formal agreement. Within the agreement, you can arrange for specifics on how child support will be made, such as through post-dated cheque or e-transfer, and on what day of the month it will be due.

However, you may be wondering what happens if a support payor fails to meet their obligations pursuant to a written child support agreement? At any point that the agreement remains valid, either party can file the Agreement with the Court, and provide it to FRO for enforcement.

Before entering into an agreement for the payment of child support, you should consult with a lawyer to assist you.

I’m Deleta Grandy with Feldstein Family Law Group. Thank you for watching today. If you need more information and wish to schedule a consultation, please visit our website at www.separation.ca or contact our office at 905-581-7222.