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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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This question is in regards ***** ***** support payments. My son's

Customer Question

This question is in regards ***** ***** support payments. My son's primary residence is at his father's house but we have shared living arrangements. There has been no court order put in place in regards ***** ***** support payments however I had verbally agreed when we first separated 2 years ago to help financially with $350/month. Soon after, my current partner lost his job, and continuing with paying "support" became impossible. My partner is now working, so I have resumed paying an agreed upon monthly amount. The catch is is that my child's father is on disability so even with shared living arrangements I'm still required to pay the same amount in child support based on the child support online calculator. He is now asking me to start paying him back for the months that I was unable to afford the payments but I just simply cannot afford more than $400 per month as it stands right now. Am I legally responsible without having any court order in place to pay him retroactive child support payments? I want to make sure that my child has the same standard of living at both my house and his father's house. I'm not sure if it makes a difference but he currently does not have any rent or mortgage to pay because he's living in a house that his mother purchased so his monthly expenses are far less than mine. If you're able to let me know if I'm legally responsible for child support payments that were not made in previous months it would be greatly appreciated. Thank you
Submitted: 6 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 6 months ago.
Hello, thank you for the question.How many months of payments at $350/month did you miss?The $400 per month you're paying now, that's the amount due to the child support guidelines?Can you tell me about the time sharing of the child between households?

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