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Feldstein Family Law Group

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If I have custody will I automatically receive child support payments?

Maybe, it all depends on whether or not you have primary physical residence of the child, i.e., if the child lives with you primarily which forces you to bear the burden of all the expenses associated with raising the child.

If instead you only have custody over the child, i.e., the right to make all important decisions regarding that child’s well-being and upbringing, and he or she resides primarily with the other parent then you may not be entitled to support automatically rather you may be the parent making the payments.

Also, if you do have custody and primary physical residence of the child then you should not assume that child support will be paid to you automatically. Instead you need to bring an application for support to the courts under either the Divorce Act or the Family Law Act. If you do not want to go to court and instead are able to negotiate the terms amicably with the other parent of the child then you may also choose to mediate and include the support arrangements in an agreement.

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