Child Support Arrears Forgiveness Ontario
Child support is a cornerstone of Ontario family law. It is a mutual responsibility of both parents, regardless of their marital status, to provide financial support for their child. The law clearly states that each parent is required to contribute to the financial needs of their child.
When parents separate or divorce, child support becomes part of a court order, making non-payment an enforceable debt.
When a parent falls behind in paying child support, this is called “arrears of child support”.
While child support arrears are common for various reasons, including legitimate financial hardships, what to do if you find yourself falling behind and unable to catch up after a significant period is not always easy. You may have legal options available to address this issue.
Please feel encouraged to browse our Ontario family law resources, read below, and contact us for a free consultation.
At Alves Law, we understand the complexities surrounding child support arrears forgiveness in Ontario. Our experienced family lawyers can guide you through the legal system, offering personalized advice to ensure that your freedoms are not jeopardized due to unpaid child support obligations.
Why Child Support Could Be In Arrears
The short answer is that when a payor parent doesn’t pay the full amount of child support, they fall behind and this creates arrears.
The more challenging question is “why did the payor parent fail to pay the full amount?”. And there are loads of reasons for this including:
Losing income or employment; facing an increase in debt or debt collection issues; dealing with a medical emergency or health-related circumstances; r encountering unforeseen events; or because they just didn’t want to.
Ontario law takes all of this into account which is why child support arrears forgiveness may be an option for you.
Consequences Of Child Support Arrears Remaining Unpaid
Ignoring your child support responsibilities is never a good idea. Any divorce lawyer in Ontario will emphasize that child support obligations are serious legal duties, and the money is meant for your child’s well-being.
Canadian law strictly enforces these obligations, and enforcement agencies will use all available measures to ensure the funds are collected and given to your child. In Ontario, the enforcement authority is the Family Responsibility Office.
If you fail to make timely payments and end up with arrears, the legal consequences can be swift and severe.
The Family Responsibility Office has the authority to garnish your wages, seize money from your bank account, suspend your driver’s license and passport, and enforcement payment againstassets. They can also report arrears to credit bureaus and, in extreme cases, collaborate with law enforcement to imprison you for continued non-compliance.
To address child support issues effectively, contact a lawyer at Alves Law who can guide you through the proper legal steps and provide the right solutions moving forward.
Circumstances Under Which Child Support Arrears In Ontario Can Be Forgiven
It’s important to understand that child support arrears in Ontario are not automatically forgiven.
While it may be possible under certain circumstances, child support is considered the right of the child. For this reason, courts do not typically grant forgiveness without thorough consideration of the situation.
It is also important to understand that the Family Responsibility Office does not have the authority to forgive arrears of child support. That is something that only a court can do, as your child access and parenting lawyer, these are the arguments under which forgiveness is most likely.
Mutual Agreement
Discuss with the recipient parent if they are willing to forgive a part of or all of the arrears. If they’re willing to agree with your desire to have child support arrears forgiveness, you can file an agreement with the courts, or enter into a consent order to change the amount of child support arrears.
Court-Ordered Forgiveness
A judge may forgive arrears if the circumstances support it. There are decades of cases which discuss how and when a court may forgive child support arrears but one of the themes is that a payor who falls behind should act diligently to correct the issue and not engage in “blameworthy conduct”.
Common Misconceptions Regarding Child Support Arrears In Ontario
There are many misconceptions surrounding child support arrears forgiveness.
A court will not easily waive child support obligations. Judges require strong evidence and a valid legal basis to consider such a request. If your child support arrears lawyer cannot provide a legal justification for forgiveness, the judge is unlikely to entertain the matter.
- Some people assume financial hardship or an improvement in finances will automatically lead to the cancellation of past due amounts, but this is not guaranteed.
- Some opt to emphasize past voluntary payments in an attempt to influence a judge’s decision towards forgiveness, though consistent payment histories tend to be more persuasive.
If you’re concerned about overcoming child support arrears or the possibility of forgiveness, it’s crucial to consult with a lawyer to explore your legal options.
Contact Alves Law For Help With Applying For Child Support Arrears Forgiveness
Applying to have child support arrears forgiveness is a formal legal process that can benefit from securing the services of a child support lawyer from Alves Law who understands the ins and outs of Ontario family law.
To begin the process, schedule a free consultation with one of our lawyers, who will assess your situation.
Your reasons for non-payment must be legitimate and supported by clear evidence to be considered for child support arrears forgiveness in Ontario.
While you may have already discussed the issue with the recipient parent by the time you reach out to a lawyer, it’s important to maintain open communication with them. If both parties can agree, it can simplify the legal process significantly.
Once initial discussions are completed, our child support lawyer in Ontario will guide you through submitting the necessary court forms to request an order for arrears forgiveness. We will present the evidence proving financial hardship, and a court hearing will be scheduled.
During this hearing, you’ll need to be ready to answer questions about your financial situation and past payments. The judge will review all the evidence and make a final decision on whether forgiveness will be granted.
From the start of your child support arrears case, our family lawyers will be honest and transparent about your chances for forgiveness, working diligently to ensure the best possible outcome.
How A Family Lawyer At Alves Law Can Resolve Your Child Support Issues
An experienced family lawyer at Alves Law is a phone call away and the consultation is free.
Find out in your first sit-down with us what we can offer in terms of permanently resolving your child support issues.
- We can negotiate with the other parent to try and secure an agreement to move forward with.
- Our lawyers will file the necessary court documents and represent you in court motions.
- Any enforcement actions by FRO we can assist in managing, responding to, or providing advice on how to navigate the situation.
- Explore all available legal solutions, ensuring you are informed on the full scope of options in front of you.
Our lawyers are experienced in handling child support arrears and know the intricacies involved. We understand the governing laws, requisite criteria, judicial history, and have a proven track record.
A parent who arms themselves with a knowledge-backed experienced family lawyer is more likely to achieve what they need to with their child support arrears and initiate proper measures in securing absolution.
Contact us today at Alves Law for more information on how to permanently resolve your child support arrears.
Frequently Asked Questions
Can child support arrears be reduced or eliminated without going to court?
Yes. If the recipient parent agrees, a formal agreement with a family lawyer can be drafted and filed with the court for approval.
What laws govern child support arrears forgiveness in Ontario?
Ontario’s Family Law Act and the Divorce Act are what dictates how child support arrears forgiveness should proceed. Precisely how a case is approached depends on whether the parents were ever married or remained unmarried.
How long does it take for an arrears forgiveness application to be processed?
Processing times for a child support arrears forgiveness application varies depending on the court schedules of where you are in the province, as well as the complexity of the case and how cooperative all parties are.
Can the Family Responsibility Office forgive arrears?
No, the Family Responsibility Office has no legal right to alter a child support arrangement. Only the court or the recipient parent can authorize the forgiveness of child support arrears. FRO cannot help you. They can only enforce the directives provided to them by the courts.
How important is financial disclosure on child support arrears forgiveness?
Accurate financial disclosure is crucial for child support arrears forgiveness. It can positively affect court judgments and reflects well on you. If you present misleading information, it can reflect negatively and may lead to adverse decisions as well.
Can voluntary payments influence court payments on arrears forgiveness?
One or more voluntary payments reflect a party’s good faith and commitment to fulfilling their child support obligations even during times of financial hardship. This may be a part of a strategy that you and your lawyer may use to positively impact a court decision on arrears forgiveness.
