Parents
on social assistance who have custody of their children
must make reasonable efforts to get support from the
other parent. If they do not, they may receive less
assistance, or none at all. If they do not already
have a support agreement or order, they are expected
to get one. They must give information about the other
parent to a family support worker who can help them
get a support agreement or order. They should get legal
advice before signing any agreement worked out on their
behalf.
They
may not have to try to get support if the other parent:
• |
has
a history of violence towards them or their child |
• |
cannot
be found (but they must give their worker any
information they have that might help find the
other parent), |
• |
or
is not working and cannot afford to pay support
(if he or she starts working again, then support
can be re-ordered). |
The
amount of any child support they receive is deducted
from their social assistance. So, their total income
does not change because of the child support.
Usually,
the payments go directly to them, and that same amount
is deducted from their monthly social assistance cheque.
But if there is a history of non-payment, the child
support payments can be assigned to Ontario Works (OW)
or the Ontario Disability Support Program (ODSP). Then
they will get their whole social assistance cheque,
even when the support payments are not paid.
Parents
on social assistance who do not have custody are expected
to pay child support to the extent that they can, as
set out in the Child Support Guidelines. Currently,
the Guidelines do not require support payments from
parents whose income is less than about $6,700 a year.
At
Russell Alexander, Family Lawyers our focus is exclusively
family law. To find out more about our services, we
invite you to contact
us or call the firm at 1.866.647.6335 |