I Paid My Child Support in Cash and Now My Ex Denies Getting It - What Do I Do?

Child Support Parent with Cash Support Payments

You should never pay support in "cash."  Judges hear, all the time, from payors saying they paid the support when there is no proof and usually this is because the payor did not make the payments.  Judges are very skeptical.  If you have banking records that show you withdrew the support amount may help.  And her texts may help because getting written confirmation from the recipient about how much was paid and how much is owing is always helpful.  But, it is a much better idea to pay by cheque, or some other way so that there is a paper record of the payments being made.

It sounds like you got your ex to agree to a support reduction, but you did not get her to agree to that in writing.  That is a very dangerous thing to do because ex's have a habit of denying there was an agreement.  On top of that, section 55(1) of the Family Law Act  says that agreements with regard to support must be in writing, signed and witnessed. So, if you did not get the agreement to change support that way, you do not have an agreement and you still owe the full amount of support that was set previously.  For more on how to change a support order or agreement, you should watch this video.  This article about getting out of child support troubles may also be of assistance.  But, if your ex is going after child support arrears, you may want to speak to a lawyer quickly before you loose your driver's licence or passport for being behind in child support.

Another good explanation of child support, how it works, and how to make sure the right amount is paid can be found in this easy-to-understand best-selling book on the Basics of Ontario Family Law.  It covers that and many other family law issues and gives some good advice about how to keep out of trouble in Family Court.

Guide to the Basics of Ontario Family Law Available on Kindle

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If you are in trouble of child support (or spousal support), you really should speak to a good family lawyer.  Family Court Judges do not have much patience for people who make support mistakes.  They expect people who represent themselves to know the law and know how to get themselves out of trouble.  If you would like to book an appointment with Toronto Certified Specialist in Family Law, John Schuman, please use the contact form below, or call the number at the top of the page.  If you would like to comment on this article, you can also use the contact form.

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