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Tuesday, September 29, 2015

Can I pay child support directly to my child?

We are asked this question frequently: - the answer depends on a number of factors, including the type of child support you are paying (is it the "table" amount, it is tuition for university, is it the cost of books for college?), and the age of the child.

Child support cannot be paid directly to a 7-year-old child.  There are no exceptions to this rule. While child support is technically the right of the child and not either parent, it is the parents who incur costs related to the child and require contribution from the other parent to those costs.

Table child support (the monthly, recurring amount) is generally paid to the other parent and not to the child (and in this "to the other parent" we are including payment through the Family Responsibility Office).

Child support in the form of contribution to special or extraordinary expenses (section 7 expenses) is also generally paid to the parent incurring the expense but there are situations involving older children (eg: those attending university) where payments may be made directly to the child so that he/she can meet the required expenses (eg: for tuition, books or apartment). These situations need to be addressed on a case-by-case basis - the default should not be payment to the child.

We advise that all payments be made to the other parent or directly to the service provider. For example, parents can agree that their respective contributions to tuition be made by them directly to the university. All effort should be made not to involve children in financial issues, including those older than 16. Parents should make financial arrangements for their support with each other and without burdening the children with payments for any of their expenses, where at all possible.

For more information, speak to a family law lawyer.

UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on preparing an effective:

  • Financial Statement (both long-form and short-form); and
  • Affidavit.
MORE MANUALS TO COME! 

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