One of the greatest concerns a child support payor may have is that the funds provided for their children are not being used for their care. Generally, funds received for the purpose of child support are not traced to specific uses by the Court or the Family Responsibility Office. In other words, once table child support is received by a parent, there are no guidelines or rules about how those funds must be spent. This was stated by the Court in Sareen v. Sareen, [2010] O.J. No. 999:
The parent who is entitled to child support is to have the discretion of how that money is spent for the benefit of the child. It is neither the payor parent nor the child who is to make that determination. Such a scheme establishes certainty and reduces conflict.
To remedy this, paying parents may consider paying support directly to their children opposed to the recipient parent. However, it is very rare that such relief would be ordered by the Court. Child support is intended to reimburse a parent for the costs associated with the care of the child. Providing these funds to the child directly can interfere with this goal. For example, in Miles v. Swick, 2008 CanLII 13188 (ON SC), the Court stated:
It is offensive to create a situation in which the Applicant would have to go to [the child] to ask him to give her some of the child support to which she is entitled by law.
Despite the above, there may be narrow circumstances where such an arrangement is appropriate. For example, in Miller v. Mitchell, 2013 ONSC 7021, the parents entered into a consent order that support would be paid directly to the child where he was enrolled in full-time post-secondary education.
Absent a written agreement or court order otherwise, it is important that payors do not unilaterally direct their payments to a child. Those funds may still be owing to the recipient parent, and ultimately result in a greater financial obligation for the payor. Our expert family team at the Ross Firm can help with your child support issues. Contact [email protected] to set up your consultation.
Disclaimer: the above information does not constitute legal advice. We strongly recommend obtaining independent legal advice with respect to any legal issues.
