FAQs

A.

Question:

Once the circumstances change, either the child's or mine (like my earning or residence), what is the process to get it updated accordingly? Does it require to go to court for every update? And how such changes come to the awareness of the other party in case there is no ongoing communication or one party is interested in hiding it to avoid reduction or increase of the payments?
If we reach an agreement out of court, can we nail it down so that it'll not change?

Answer

Child support orders are always subject to change or adjustment when the situation changes – an increase or reduction in income of either party, the child moving out etc.

Both parties have an obligation to exchange information that is required each year for any and all adjustments that must be made to the amount of child support payable. It should be provided for in any agreement, and if requested a judge can order it.

There is a process (a government service) for yearly automatic adjustment assuming that both parties comply with the law and provide the necessary information to each other.

Finally, paying the correct amount of child support is an obligation of public order from which you cannot contract out. It must be calculated properly each year, and for that reason you cannot stipulate changes in advance in an agreement.

A.

You can file for divorce here if your husband has been residing her for at least one continuous year.or a simple straightforward uncontested divorce I charge $2,000 CDN inclusive of all taxes and disbursements.

It should take about 6 to 8 months to get the judgment from when the application is filed.

A.

Question:

What exactly is the rule/guideline for child support as applicable to my case where my daughter resides in QC but might move later to study elsewhere and I am residing in Ontario from the following aspects:
• For how long do I need to pay? Is it as long as she’s a full time student or is there an age limit (I heard about age 21 as a limit)? Or maybe only until the end of first university degree?
• Is it dependent on whether she lives with her mother or not?
• Are there circumstances where I can/should make the payments to the child directly?
• Any dependency on whether the child is working or not?

Answer:

You will pay for as long as the child remains in full time attendance in a serious course of study, and is passing.

You will pay the mother as long as the child lives with her. If the child moves out and lives on her won, your obligation will be to pay the child directly.

Because your wife is in Quebec, and you are in Ontario, the Federal Guidelines apply pursuant to which only the payor’s income is used. I believe that this would be the case for as long as the child resides with her mother.

If your daughter moves out, and is no longer living with her mother, theoretically she would have the right to claim support from both you and from her mother, if her mother is working and has income. The amount of support due, I believe, would be calculated based on your daughter’s actual needs, and the amount determined would be divided proportionately between you and your wife, taking into account your respective incomes.

A.

Question:

My concern about not being able to pick up the kids is last minute issues involving work/travel. That is to say I'm delayed getting the kids and she makes it an issue.
I'm also wondering about committing to too much time and not being able to fulfil my obligation. If I agree to half the summer holidays but can't get that time with the kids can I be held in contempt?
Also I would rather promise less but deliver more as far as time with the kids goes. I don't know if that's possible but just a few considerations I came up with.

Answer

1 – If you are unable to pick up the children, are you able to provide a prior written notice by email of at least 24 hours? If you know that you will be late arriving, can you provide a prior written notice by email to say when you will arrive? If the answer is yes to both questions, then I can add these notice provisions to our request, and that should take care of it.

2 – If you want, we can cut the summer down to two weeks. The idea of the summer holiday period is for the children to be with you in your new home on holiday. Can you get a consecutive two week or four week holiday in the summer to spend with the children? You do not have to be there all the time, as it would be the same as it would be if the children were living with you in Montreal. If you are not available for short periods of time is it feasible for someone else to be there to take care of them?

3 – You will not be held in contempt for failure to exercise access. The only downside is that if you do not exercise your access you risk potentially losing it, should your ex bring a motion for that purpose.

4 – The big problem for you right now is that if we ask for less, and you want more eventually, you will either become dependent on your ex’s agreement once again (a situation that has proven itself to be undependable and unworkable) or you will have to go back to court for a second round which will increase the cost for you then, and which would be avoidable if we deal with the situation now.

In the end we should ask for what you can reasonably do, given your work schedule.