After divorce or separation, Canadian laws require both parents to continue to provide for a child financially. Children are entitled to this money, and it can be critical to their well-being. Child support ensures a child receives things like a safe home, clothes, school supplies and other expenses required to raise a child.
Securing child-related agreements after divorce or separation provides parents with a sort of map for the next chapter. Parties can have a better idea of the road ahead and plan for any obstacles that might arise.
Let us examine the issue of how COVID-19 is impacting child support (and spousal support) claims in Ontario.
Covid-19 demands parent and child centred reforms based on equal shared parenting.
The Basic Obligation: The most basic obligation in family law dispute resolution is the legal requirement to comprehensively disclose financial information. If a financial claim is being made (child support, spousal support, or division of property) you must disclose your true financial position to the other party honestly, fully, and quickly. You also have an ongoing duty to update your financial disclosure throughout the proceedings.
Back in 1997 I wrote an article for this web site where I addressed the question: Can child support arrears be cancelled?" I have now updated that article. It is interesting that the 1996 Ontario Court of Appeal case that I cited back then, is still referred to in the more recent cases. If changing child support is of interest to you, then click here for quick transport to the now revised and updated page at my web site.
I don't like Separation Agreements. Many would surely disagree. In my view, Separation Agreements are not always that easy to enforce. It is much better to have a court order, especially if you seek to enforce a parenting plan. While the provincial government has a government agency mandated to enforce support orders, no similar agency exists with respect to enforcing parenting provisions. So, I don't like Separation Agreements.