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RE: Child Support Check Box in Divorce application

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  • RE: Child Support Check Box in Divorce application

    Hi Guys,
    I just want to ask, in the ontario divorce application paper page 7 at which there are check boxes on the claims that can be requested, there are two boxes for Child support. One is under "Claims under the Divorce Act" and the other one is under "Claims under the Family Law Act or Children’s Law Reform Act". My question is, which box do I have to put check mark if I need to provide child support? Do I check both boxes or just one of them. Please kindly advise. Thank you in advance for help.

    Link for Divorce application: http://www.ontariocourtforms.on.ca/f...un1507_ODA.pdf

  • #2
    Are you also getting a divorce or are you filing a motion for child support?

    If you are filing for a divorce as well (meaning you are currently married and have been living separate and apart for over 1 year) then it'd be under the divorce act. If not, use the family law one.

    WARNING: DIVORCE trumps FAMILY LAW. If you start things under family law, and then try to do a divorce BEFORE the family law proceeding is completed, it'll place a hold on the family law proceeding.

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    • #3
      RE: Filling out divorce papers

      Hi there,
      Also filing divorce along with child support. My spouse are going for divorce and my spouse will have the custody of our kid. We want to file for divorce and also do a claim for child support. So do I check both boxes? Thanks for the help.

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      • #4
        Divorce Deals with 3 main items... typically all together although you CAN request that the divorce itself be separated from them.

        Custody/Access (if children are involved), Equalization and Support.

        If you are legally MARRIED, and seeking a divorce (which means you have been separated for > 1 year) then my understanding is that you would tick off the UNDER THE DIVORCE ACT.

        If you were NOT married (ie. common law or never lived together), or ARE married and not seeking a divorce at this time (ie. you want an interim motion for child support/equalization) or for whatever reason don't yet qualify for a divorce (the separate and apart for > 1 year requirement) then tick the box for "Claims under the Family Law Act or Children’s Law Reform Act."

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