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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1 (permalink)  
Old 01-30-2017, 07:25 AM
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Default Requesting a Change in Child Support

Brass tacks.

When we separated I was self employed $40k/year - Child Support based on $50k. She was making 60k/year.

Keeping up with paying child support and all the extra's she came up with, I bled my business and went bankrupt.

Currently I am earning $35 - 40k/year , She's now earning $85/year as is her new spouse.

I have been laid off for the winter so I haven't been able to keep up. She has registered with FRO so I guess I'm forced to take it to court to have the amount reduced.

As it stands I pay $925 plus $200 for childcare, and $200-$300 RESP.

Kids are with me every other weekend, 1 night/week (not overnight), 1 week of Christmas, 2 weeks of Summer, 1/2 of March break. They have their own rooms (4 kids - 2 rooms), clothes and toys at my home as well.

I'm living free with family at the moment as I can't afford anything else with the payments I make.

Could undue hardship come into play to reduce my payments? Would the income of the family member affect the "Undue Hardship" calculation, or could they base it on what it would take for me to live on my own?


... Also because we haven't had the child support registered that FRO will calculate my arrears based on the separation agreement from 4 years ago. At my current income, in 2016 I have paid more than the Table amount.

Any advice would be greatly appreciated.
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Old 01-30-2017, 09:04 AM
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File a motion to change child support based on your actual income. Or find another job to make up for the shortfall. Undue hardship is an uphill battle and you have to basically be living in your car.

Plus you may want to have some of the additional expenses looked at. For instance, are you overpaying daycare? Is the RESP necessary while you are underemployed? Etc.
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Old 01-30-2017, 09:04 AM
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Quote:
Originally Posted by amnlDad View Post
When we separated I was self employed $40k/year - Child Support based on $50k. She was making 60k/year.
Obvious question is how was your income determined to be 50k? Was it imputed by a judge or did you agree that 50k was the minimum you would make?

Quote:
Currently I am earning $35 - 40k/year , She's now earning $85/year as is her new spouse.
If income was imputed at 50k as self-employed in a business that went bankrupt, and now you earn 40k as a salaried employee, then that could potentially be argued.

Quote:
As it stands I pay $925 plus $200 for childcare, and $200-$300 RESP.
I guess stop with the RESP for a bit?

Quote:
Kids are with me every other weekend, 1 night/week (not overnight), 1 week of Christmas, 2 weeks of Summer, 1/2 of March break. They have their own rooms (4 kids - 2 rooms), clothes and toys at my home as well.
You are a less than 40% non-custodial parent. Therefore:
  • Your standard of living is irrelevant
  • How much time you spend with the kids is irrelevant
  • Anything you spend on the kids is irrelevant and is voluntary
  • It is assumed that the more Child Support you pay, the better it is for your children, and vice versa of course.
Quote:
I'm living free with family at the moment as I can't afford anything else with the payments I make.
So, your expenses are low because you get free shelter. That leaves you with more money to pay child support.

Quote:
Could undue hardship come into play to reduce my payments? Would the income of the family member affect the "Undue Hardship" calculation, or could they base it on what it would take for me to live on my own?
You haven't provided any basis for an undue hardship claim.

Quote:
... Also because we haven't had the child support registered that FRO will calculate my arrears based on the separation agreement from 4 years ago. At my current income, in 2016 I have paid more than the Table amount.
FRO will enforce the amount on the last court order or agreement. If it says to pay $1125/month then that is what they will extract from you until you change the order.

Quote:
Any advice would be greatly appreciated.
You need to change the agreement to reflect your actual income. Recipients are usually not very excited about income reductions so it will likely involve you going to court.

If you voluntarily agreed to make at least 50k, then you might be in trouble.
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Old 01-30-2017, 09:15 AM
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Why didn't you file for spousal support?

Oh wait, nevermind. You're a male.
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