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Can Your Ex-Spouse Ask for Child Support, Even If You Separation Agreement Says No Child Support Will be Paid?

Unfortunately, while you can opt out of spousal support in an agreement, it is extremely difficult to opt out of child support (the agreement has to benefit the child more than the Child Support Guidelines to opt out of them.) Even then, child support is reviewable every year and can be changed on any change of circumstances. Also, child support is based on where a child lives, not on who has custody. If your child spends more than 40% of her time with your ex-spouse, you will be liable for child support. You may also be liable for child support if your child spends close to an equal amount of time with each parent, but you earn more. You may want to take your agreement to a family lawyer to see if it is possible that your agreement says what is necessary to get you off child support, but unless you are providing for your daughter in a way that provides more for her than the Child Support Guidelines, that is unlikely.

Also, note that your ex can also seek child and spousal support from her common-law husband. Note your ex having a new partner does not affect what you pay for child support as the biological father. 

Of course, if you have a child that is living with you, or both parents, you may be entitled to some support as well – even if that child is over 18 years old. If your other child still shares time between both of you and your wife is, or could, be collecting spousal support from her common-law partner that, combined with her other income, is more than your income, she could owe you some child support. On the plus side, you should be safe from your ex seeking any spousal support from you now because of what the agreement says. For more on spousal support see this post on whether someone can ask for spousal support, and this post on the amount of spousal support. For more information on all these family law issues, including an entire chapter on changing agreements or orders, and many other family law matters, you should get a copy of this easy-to-understand best-selling book on the basics of Ontario Family Law

John Schuman Guide to the Basics of Ontario Family Law book cover

You can get a lot more information about Ontario Family Law issues, including a comprehensive explanation of parenting cases (parenting time and decision making), child support, spousal support, property division, and most other common family law issues by downloading this $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone or ordering it from Amazon as a paperback. But to understand how the law works precisely in your situation, it is always best to speak to a good Family Law Lawyer.

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