Spousal Support Court Orders in Ontario
The Importance of a Court Order
Even in matters where parties are able to negotiate spousal support amicably, a formal court order provides a measure of protection in that it may be enforced should a dispute arise in future. Additionally, separation agreements can be filed with the court, which makes them enforceable in the same manner as a court order; this results in a document that is both legally binding and recognizable by the court and the Family Responsibility Office.
If a spouse fails to pay spousal support as ordered, the Family Responsibility Office has several mechanisms in place to enforce payment compliance including:
- Garnishing the payor’s wages and bank accounts;
- Suspending the payor’s drivers license and passport; and
- Placing a lien on the payor’s property.
Without a legally binding document, these mechanisms are not available, leaving parties financially vulnerable. (See our article: Enforcing Spousal Support for more information on enforcement mechanisms.)
A court order also provides a measure of consistency in that both the payor and recipient may rely upon the terms in an order when a dispute arises. For example, court orders and separation agreements filed with the court can stipulate how and when spousal support is to be recalculated or terminated.
Finally, court orders and separation agreements are recognized by financial institutions; if you are applying for credit or loans, these documents provide proof of income if you are a support recipient.
Do not jeopardize your future by separating without a spousal support order. Call (905) 581-7222 to discuss your options with an Ontario family lawyer at Feldstein Family Law Group P.C.
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LawyerJeff obtained his Honours Bachelor of Arts degree in Classical Studies from McMaster University before attending law school at Queen’s.
LawyerLocation: Markham Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously ...
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LawyerAnna 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.
LawyerVeronica 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.
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.
LawyerRachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. ...
Associate LawyerQuinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, ...
Associate LawyerLauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. ...