It's no secret that going through a divorce can be stressful and overwhelming. But the process can get even more complicated when both partners have children together. In Canada, the divorce process requires the financially stable parent to provide child support to the parent with primary child custody. This allows both parents to share the responsibilities of their children, ensuring that their necessities are met even after divorce.

The child support amount is usually calculated based on the income of the partner paying the money, the number of children, and the financial requirements of the children. In most cases, a court sets the child custody amount, and one parent has to pay that until their child turns 18. However, it's common for many ex-partners to try to get out of this responsibility by skipping payments, paying a lesser amount than the court-specified amount, or just refusing to pay child support altogether.

This blog discusses what family lawyers advise you to do if your ex-partner refuses to pay child support post-divorce.

Talk to Your Ex-Spouse

Before you take the matters to the court, it's advisable to have a conversation with your ex-partner. Filing a case and navigating the legal system can be stressful and takes a lot of time, so you need to prefer settling things outside the courtroom beforehand. Start by contacting your ex-spouse and ask them why they have stopped paying child support. They might have a good enough reason, like losing their job or going through other financial struggles.

Once you know the reason, you can devise a better solution, like both parties contributing towards the child's finances. However, if your ex-spouse doesn't have financial issues but is still refusing to step up and make the payments, it's advisable to take the legal route. If they refuse to communicate with you or the conversation just makes them sound like an irresponsible parent, don't bother bringing up this topic again and opt for other methods to get the required child support.

Hire a Family Lawyer to Learn Your Options

Once you're sure that your ex-partner doesn't want to pay child support, it's essential to consider other options, as your child's financial necessities are on the line. Start by hiring a family lawyer and discussing your circumstances with them. Experienced family lawyers have in-depth knowledge of court procedures and know how to navigate divorce, child support, and child custody cases.

These family lawyers can introduce you to several legal options and can help you select the one that matches your needs. Additionally, they can help you develop a legal strategy to ask for your child's financial rights in front of the judge. You can get the legal advice and representation you need to navigate this child support case from professional family lawyers.

File a Case in the Court

One of the most effective methods to make an unwilling ex-partner pay child support is to involve the courts. Most family lawyers recommend filing a case after ensuring your ex-partner won't step up and be financially responsible for your child. Once the case is filed in court and you prove that your ex-partner refuses to make payments despite having no financial issues, the court releases a verdict asking your ex-spouse to pay the required child support amount.

Additionally, the judge can take extra steps to ensure that your ex-partner makes future payments on time. If the other parent has been missing payments for some time, the court can suspend their licenses, seize their assets or any other amount like lottery winnings or any accident settlement to pay for child support, or place a lien on their properties to prevent them from making more money unless they pay child support. If your ex-spouse refuses to make child support payments even after the court's order, you can file a contempt of court case against them, resulting in them getting arrested.

Get Started with Family Lawyers at Nanda & Associate Lawyers

With the help of family law lawyers, you can understand the available options and the ideal route to take to get child support payments. Nanda & Associate Lawyers have family lawyers who can help you file a case and prove that your ex-partner refuses to pay the required financial support for children. These divorce lawyers can also help you get your desired child custody and represent you in marital property division and alimony cases. Additionally, this law firm also has immigration consultants. These immigration lawyers help people who want to immigrate to Canada through different streams.

Book a consultation with their family lawyers and let them deal with your ex-partner’s refusal to pay child support.

About the Author

The author of this blog is Linda Starova, a family lawyer affiliated with Nanda & Associate Lawyers. She has represented several clients in child support, custody, and contested divorce cases.