My partner isn’t paying child support. What should I do?
Question & AnswerMy partner isn’t paying child support. What should I do?
As of March 1, 2021, the term has changed to . And in most situations, the term has changed to . Now, all parents usually have parenting time.
Also, a person who isn't a parent or step-parent may get a to spend time with a child. For example a grandparent can get this order.
Even if you have a or about , sometimes the parent doesn't follow it.
The court can enforce child support payments in a:
- court order
- separation agreement that is binding and enforceable under the law
The (FRO) can also enforce child support payments if there is a:
- court order
- separation agreement that is filed with the court and registered with the FRO for enforcement
- or filed by the government
The FRO is a government agency that collects support directly from the person who has to pay support, keeps a record of the amounts paid, and then pays that amount to the person who has to get support.
The FRO can help collect money from a payor parent who lives in Canada, any state in the United States, and about 30 other countries that Ontario has an agreement with. These are called reciprocating jurisdictions.
If Ontario doesn't have an agreement with the country where the payor parent lives, the FRO cannot help you collect support. You will have to use the laws of the country where the payor lives. A lawyer may be able to help you do this.
You can talk to a lawyer who can review your documents and your situation to advise you on what to do and what you have to do to protect your child's rights. If you can't afford to hire a lawyer, you may be able to find legal help in other places.
Child support is separate from parenting time
The right to child support and the right to parenting time or access are 2 different issues. They are both rights of the child. A parent cannot be denied parenting time with their child because they do not pay child support. And a parent who does not have parenting time may still have to pay child support.
You can refuse parenting time only in specific situations, such as if you're afraid for your child’s safety. You may have to call your local children's aid society if you believe your child is being abused by your partner or someone in their home. If you're in this situation, get help right away.