Support Protect

The intricacies of child support legislations

Child support is a very important part of any divorce process. In family law the term child support (sometimes child maintenance) is defined as the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent to a custodial parent, caregiver or guardian, or the government, for the care and support of children of a relationship or marriage that has been terminated. Child support is usually arranged during a divorce, marital separation, dissolution, annulment, determination of parentage or dissolution of a civil union. This term is recognized worldwide and most of the countries support the right of a child to receive a financial compensation. In various countries the regulating of child support is provided by different organizations and schemes. In Australia for example enforcement is overseen by a national office, In the United States it is handled by the state governments, but in rare cases it can be a subject to federal prosecution. In Canada this type of enforcement is handled by individual provinces, with financial and logistical assistance from the federal government. All the Canadian Provinces have their own legislations, which help to provide the most effective methods of enforcing support in difficult cases.

But before turning to such an agency there are two simple rules that the parent or guardian, must remember: consultation with a family lawyer and most important a well written agreement on child support. The agreement will be the cornerstone of your defense in case any problems arise. All the terms of child support and spousal support must be written in a Court Order or written agreement in format prescribed by the regulations of your local child support protection organization. Consulting an experienced family lawyer, will speed up this process and help you to avoid mistakes. The agreement must hold precise information on who pays support, who receives it, the amount and frequency of payments, whether the payment is for spousal or child support, the start date and the end date of the payments. If the document is not written well, you might not be able to enforce the non-paying side, because most of the organizations that enforce child support have no right to vary the language in the Order/Agreement.

After filling a request to your local organization and the proper execution of the agreement, the organization can start to enforce payments. Before this process starts the payer is notified that he has the last chance to make voluntary payments in the form of post-dated cheques or direct deposit. After that the organization requests payments from the payer and checks his financial information. In about 10 days the payments are usually restored. In some cases when the payer refuses to cooperate the organization can provide the following enforcements: collect the payer's tax refund, registration at Land Titles or the Personal Property registry, denial of Federal licenses (passports), motor vehicle restrictions and driver's license cancellations. In some provinces the local organizations are seeking opportunities to charge the payers and seek penalty for them.

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