Do I Need to Request Child Support From My Ex?

You’re separated, you have children, and you’re starting a court application. Sometimes, we hear our clients say “I don’t want to bother asking my ex for money.” Maybe you know your ex doesn’t have any money or maybe you don’t want to stir the pot by asking for financial help. What do you do? Are you legally obligated to request child support? Below, we break down what it means to make a child support claim.

Child support 101 

Firstly, understand that our court system recognizes child support as the child’s right. In other words, children have the right to receive financial support for essentials like food, clothing, school, medical attention, etc. Parents are legally responsible for financially supporting their children. Since children are not usually participants in the courtroom, judges tend to be very protective of this right and usually speak out as the child’s voice. 

Overall, child support is calculated based on a parent’s income, where the child resides, and how many children there are. In Ontario, we have child support guidelines. These guidelines show how much someone should pay in child support based on their income. In some cases, we can request the court’s permission to deviate from those guidelines (e.g., if someone earns very little money or has a very high income). However, the default protocol is to adhere to those guideline amounts. 

If your child lives primarily with you, it is likely you are paying for all immediate expenses such as groceries, clothing, school costs, etc. This is why our legal system requires child support from the other parent to ensure they are contributing to those costs as well. In such a case, the parent with whom the child resides would receive child support payments from the other parent. 

If parenting time is shared equally, we calculate child support as a “set-off” amount. Meaning, each parent pays child support to the other based on their income. The difference in those two amounts is what we call the “set-off” amount of child support. Even though one monthly payment is being made, make no mistake, both parents are still making financial contributions to the child. 

Do I need to request child support?

We often get this question if our client knows the other parent does not earn much money or if they are worried about aggravating the other parent and would rather avoid conflict. No matter the reason, if you do not include child support as a claim in your application, it is very likely you are going to raise the judge’s eyebrows. You will most definitely be questioned on your decision to exclude this claim from your application. If you decide to exclude it, be sure to have a valid reason for doing so, as a court will not easily waive a child’s right to be financially supported by their parents. 

Can child support payments be made directly to my kid? 

Short answer - no. Child support payments need to go to the other parent and a court does not allow child support payments to go directly to the children. 

If you believe your situation is unique or requires special attention, it is always advisable to contact a lawyer to ensure those considerations are thought-over and applied correctly. 

Have questions about child support? Contact us today! 

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