Importance of a Court Order Protecting Your Family's Interests for Over 25 Years

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!

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    Andrew Feldstein

    Founder

    Andrew 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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    Deleta Grandy

    Lawyer

    Deleta Grandy obtained her Bachelor of Arts in Legal Studies at the University of Ontario Institute of Technology in 2012, where she graduated with Honours. She completed her legal studies at Western Law School, graduating with a Juris Doctor in 2016.

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    Jeff Hart

    Lawyer

    Jeff obtained his Honours Bachelor of Arts degree in Classical Studies from McMaster University before attending law school at Queen’s.

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    Daphna Schwartz

    Lawyer

    Location: Markham Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously ...
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    Nick Slinko

    Lawyer

    Location: Vaughan Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and ...
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    Anna Troitschanski

    Lawyer

    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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    Veronica Yeung

    Lawyer

    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.

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    Shana Gordon-Katz

    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.

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    Shazia Hafiji

    Lawyer

    Shazia Hafiji joined Feldstein Family Law Group P.C. as a summer student in 2016 and returned as an articling student in 2017. Following her Call to the Ontario Bar in 2018, Shazia returned to the firm as an associate lawyer.

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    Lucy D'Ercole

    Lawyer

    Lucy D’Ercole joined Feldstein Family Law Group P.C. as a summer student in 2017 and returned as an articling student in 2018, during which she gained valuable experience in all areas of family law. Following her call to the Ontario Bar in 2019, Lucy was welcomed back to the firm as an associate lawyer.
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    Joy Pura

    Lawyer

    Joy Pura completed her legal studies and obtained a Juris Doctor at the University of Ottawa. Prior to that, she completed ...
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