Can I Prevent Access if My Ex-spouse Stops Paying Child Support

1
Can I Prevent Access if My Ex-spouse Stops Paying
Child Support?

• www.daviesdivorcelaw.com
  613 220 6008
  
  

2
In Family Law, the concepts of child support and
child access are dealt with separately. There is
no connection between the two.

• www.daviesdivorcelaw.com
  613 220
  6008

3
The courts do not award access based upon support
being paid, nor do they punish non-payment by
preventing access. It is important to keep this
in mind when problems with child support payments
arise.

• www.daviesdivorcelaw.com
  613 220
  6008

4
Even though you might be angry and upset because
you are not getting the support you need to help
financially support your minor children,

• www.daviesdivorcelaw.com
  613 220
  6008

5
you cannot deny access based upon non-payment of
child support. If you do, you risk being held
accountable by the courts if your ex-spouse
complains and commences a proceeding in family
court.

• www.daviesdivorcelaw.com
  613 220
  6008

6
This is especially so if there is an existing
order or agreement. In addition, they could seek
to alter the existing custody agreement,

• www.daviesdivorcelaw.com
  613 220
  6008

7
potentially asking that they be made custodial
parent because you not honouring your end of the
agreement. Access is considered a right of the
child.

• www.daviesdivorcelaw.com
  613 220
  6008

8
Regardless of the reason your ex-spouse is not
paying the agreed-upon support, they still have a
financial responsibility for their children.

• www.daviesdivorcelaw.com
  613 220
  6008

9
Your best recourse is to consult with an Ottawa
family lawyer to discuss your options. Leave the
enforcement of child support payments to
professionals. In Ottawa, the Family
Responsibility Office (FRO) can help enforce
payments using various methods, such as

• www.daviesdivorcelaw.com
  613 220
  6008

10
1. Garnishments of tax refunds, earnings from a
job, or other types of payments.2. Reporting
non-payments to credit bureaus, which will affect
your ex-spouses credit.

• www.daviesdivorcelaw.com
  613 220
  6008

11
3. Seizing assets and/or financial accounts. 4.
Suspension of passports and/or driver licenses.

• www.daviesdivorcelaw.com
  613 220
  6008

12
What If the Non-Custodial Parent Cannot Afford
the Court Ordered Support Payments?For
non-custodial parents, they have an obligation to
continue to make court-ordered payments until
such time they can request a reduction.

• www.daviesdivorcelaw.com
  613 220
  6008

13
A reduction in payments can be agreed upon
between the custodial and non-custodial parent
and settled outside of court, or taken to court
where a judge will rule on the request.

• www.daviesdivorcelaw.com
  613 220
  6008

14
Payments cannot be stopped, pending a reduction,
unless the recipient consents. Stopping child
support payments could result in one or more of
the above actions being taken by the FRO.

• www.daviesdivorcelaw.com
  613 220
  6008

15
Keep in mind the Courts will generally follow
Child Support Guidelines, so support will be
dependent upon income.

• www.daviesdivorcelaw.com
  613 220
  6008

16
Can I Stop Payments if the Custodial Parent is
Preventing Access?By the same token, if a
custodial parent blocks access for any reason,
non-custodial parents cannot stop paying support,

• www.daviesdivorcelaw.com
  613 220
  6008

17
even if their ex-spouses are preventing access to
the children. Again, the law views child support
and child access as separate issues. They need to
be addressed separately.

• www.daviesdivorcelaw.com
  613 220
  6008

18
If the custodial parent is not allowing you
access to your children, you need to consult with
your divorce lawyer and let them know the
situation.

• www.daviesdivorcelaw.com
  613 220
  6008

19
They can file a motion in family court to bring
this issue to light so it can be resolved using
the proper legal channels. If there is an order
for access, denying access can be seen as a
contempt of court issue, or parental alienation-
both serious issues.

• www.daviesdivorcelaw.com
  613 220
  6008

20
Whatever you do, continue to make support
payments as agreed upon. If you decide to stop
paying, you could actually hurt your case ,

• www.daviesdivorcelaw.com
  613 220
  6008

21
because the courts do not favour parents that
take matters into their own hands and breach
their support agreements. Courts can show their
displeasure of any breach of an order by ordering
costs against the offending party.

• www.daviesdivorcelaw.com
  613 220
  6008

22
If you have further questions about reducing
child support payments, non-payments, not being
given access, and other family law matters,
please feel free to contact Davies Law Firm at
[phone] to schedule a consultation
appointment today. Source- http//www.daviesdi
vorcelaw.com/ex-spouse-stops-paying-child-support/

• www.daviesdivorcelaw.com
  613 220
  6008