CS expunged?

[DAHP_01_05_12]

After over two years, SC, CC, and motions, Im attending my SC in the very near future (finally got his salary disclosure) for all issues and CS arrears is one of them. I’d like to know if or under what circumstances does a judge expunge child support arrears.

His salary disclosure states:
2009 - $97,000 (year round work)
2010 - $99,000 (year round work)
2011 - $103,000 (year round work)

2012 - $30,005 (separated) (5 months worked)
2013 - $47,000 (7 months worked)
2014 - $25,000 set his salary - on EI

I know he’s trying to lower his salary to avoid paying CS, we were together 12 years and always had a high income.

FRO is currently enforcing and my ex is requesting to the judge to have them stopped as it’s causing financial issues with his new family.

[DowntroddenDad]

After over two years, SC, CC, and motions, Im attending my SC in the very near future (finally got his salary disclosure) for all issues and CS arrears is one of them. I’d like to know if or under what circumstances does a judge expunge child support arrears.

His salary disclosure states:
2009 - $97,000 (year round work)
2010 - $99,000 (year round work)
2011 - $103,000 (year round work)

2012 - $30,005 (separated) (5 months worked)
2013 - $47,000 (7 months worked)
2014 - $25,000 set his salary - on EI

I know he’s trying to lower his salary to avoid paying CS, we were together 12 years and always had a high income.

FRO is currently enforcing and my ex is requesting to the judge to have them stopped as it’s causing financial issues with his new family.

Are you suggesting that even with his lowered income, he is in arrears?

Or are you projecting that he was still making 100,000 a year?

I don't understand your 2014 comment - is he on EI, in which case its easy because there is a maximum payment amount, or is he a self employed person who owns a company that can set his own salary?

FRO will enforce an order until another order is issued, or until the conditions in the order/agreement are met. It took me three months to get them to stop billing me for support when my son moved in with me, and then they simply reduced my other support payments until we were square.

It sounds like he might be claiming "undue financial hardship". In that case there will be a very detailled examination of all the income (including spouses) in both households, and it is a difficult and time consuming case to prove. He would probably be better off financially to ask for a reduction.

[DAHP_01_05_12]

He indicated in the SC Brief that he is on EI at $25,000 a year since Oct 2013.

His arrears have accumulated over the past two years as he hasn't paid CS on a monthly basis and decides himself when to pay or not to pay.

[DowntroddenDad]

He indicated in the SC Brief that he is on EI at $25,000 a year since Oct 2013.

His arrears have accumulated over the past two years as he hasn't paid CS on a monthly basis and decides himself when to pay or not to pay.

If he can prove his income was lower, he may win some relief from his arrears. But he will likely be scolded for not following the Separation Agreement or order, which probably has a clause in it where you notify the other party about a "material change in circumstances" and then come to an agreement about a new amount. That is the right way to do it.

[MS Mom]

The amount he earned in his last job would provide him with max EI benefits - 524/week - annually that's 26728.00. He'll be paying 10% tax on the EI at source.

I think you're trying to state that he is purposefully underemployed. Since the separation date his salary halved....may or may not be coincidence.