The Importance of a Court Order
Structuring & Paying Child Support in Ontario
Many couples who separate are able to agree, either independently or through mediation, on the main issues involving the children, and they therefore do not go through the court system to obtain a child support order. However, a court order can be very important for both parties.
As the payor spouse, there is a risk that if you are paying support directly to your former spouse, but not through the Family Responsibility Office (FRO), you may later be unable to prove you made those support payments and your spouse may deny receiving them. There is also a risk that, if you and your spouse (perhaps unknowingly) agreed to an amount of child support that is less that the Guideline amount, and your spouse then goes to court to vary the agreement, the court may order retroactive support to cover the difference between what you were paying and what you would have paid during that period under the Guidelines. Obtaining a court order ensures that you are paying the correct amount of support.
As the parent receiving the support, a court order is in your best interests, because you have no way to enforce the support payments if you do not have a support order registered with FRO. As discussed in our article: Enforcing Child Support, child support orders will be monitored and enforced by FRO, but only if the support obligation is part of a court order or if a domestic contract, filed with the court, specifying that obligation is to be registered with FRO. It is therefore important that you either obtain a court order or register your contract with FRO.
A court order is also important because it provides both parties with a record and something to rely on. While parties may agree to deviate from the agreement informally if they choose to, the court order remains in place and can be enforced if one of the parties wishes to return to it. If circumstances change, one or both parties can apply to vary the court order.
Our Ontario family lawyers can give you more information about child support orders and what to do to ensure the full protection of your interests and rights. Call (905) 581-7222 today!
Meet Our Dedicated Team of Lawyers
Over a Century of Collective Experience
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Andrew Feldstein FounderRead BioAndrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
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Daphna Schwartz LawyerRead Bio
Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously practising family law in the Barrie area. Her practice includes all areas of divorce and family law, including custody and access, child support, spousal support, and property issues. Daphna is also qualified to practise Collaborative Family Law.
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Anna Troitschanski LawyerRead Bio
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property.
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Nick Slinko LawyerRead Bio
Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and Philosophy. Nick graduated in 2007 with an Honours Bachelor of Arts degree. He proceeded to earn a Juris Doctor in Law at the University of Western Ontario in 2011. Nick was Called to the Bar in June of 2012 after completing his Articling term with the Feldstein Family Law Group, P.C. He became an associate with the firm immediately thereafter.
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Veronica Yeung LawyerRead Bio
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.
Veronica attended York University for her undergraduate studies and graduated as a member of the Dean’s Honour Roll when she obtained her Bachelor’s degree in Honours Criminology.
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Shana Gordon-Katz LawyerRead Bio
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.
Shana attended the University of Western Ontario for her undergraduate studies, where she graduated as the gold medalist of her program, Honors Specialization in Classical Studies.
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Rachel Zweig LawyerRead Bio
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. Following her Call to the Ontario Bar in April 2021, Rachel was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Ottawa, Rachel obtained her Bachelor’s Degree at Ryerson University with a major in English Literature.
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Lauren Harvey Associate LawyerRead Bio
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. Following her Call to the Ontario Bar in April 2022, Lauren was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Western Ontario, Lauren obtained her Honour’s Bachelor of Arts Degree at Wilfrid Laurier University majoring in Criminology and minoring in Law and Society.
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Quinn Held Associate LawyerRead Bio
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, where she was exposed to various complex Family Law matters. Following her Call to the Bar of Ontario in June 2022, she became an Associate with the Feldstein Family Law Group.
Prior to obtaining her Juris Doctor from the University of Windsor, Quinn obtained her Honour’s Bachelor of Arts Degree at the University of Guelph majoring in Criminal Justice and Public Policy and minoring in International Development.
