In some situations, you may be asked to apply for a child support order. For example, if you are collecting income assistance from Community Services, your worker may require that you make an application for child support from the other party. In most circumstances, though, you are not required to get a court order for child support.

In law, it is considered the child’s right to have financial support from both parents. You and the other parent can figure out how you will deal with child support and payments, but you should use the Guidelines and tables to determine how much will be paid. If you are paying or receiving child support that is not outlined in a court order (and therefore is not going through the Maintenance Enforcement Program) you may want to use receipts between the two of you when child support is paid. You should keep these receipts in case you and the other parent have a disagreement about child support later on.

If you want to have your child support payments enforced through the Maintenance Enforcement Program, you must have a court order or registered separation agreement to do this. You cannot go through the Maintenance Enforcement Program on your own, without an order or court-registered agreement.

Family Law - Question #5

Do I have to apply to the courts to get child support/maintenance?