Tweet
I am currently paying $832.00 per month in child support for 1 child. Although the income on my T4 will be about $110 000.00 for 2008 and my child support is supposed to go up to $955 per month in 2009, I have been cut out of overtime and my income in 2009 will be reduced by $30 000. In effect, I will be paying $955 a month yet earning about $70 000. I also got remarried and support my new wife. Does this constitute a "Material change in Circumstance?"
-
-
I would say it definitely does. However, it depends how the court views is. As soon as you can prove this change, such as with a letter from your employer indicating your reduced income, I would file a motion for a reduction. It will take a long time to go through court to get it accomplished (several months) but you will most likely get compensated for what you overpaid. This is the best senario you can hope for. Otherwise, the judge may simply order that you continue paying the amount you cannot afford on the basis that "it will all even itself out next year when you submit your 2009 assessment for calculating child support." It really depends on how hard you push and what reasons you provide for the change. Good luck to you! -
Thanks you for the info.
Are you a lawyer?Comment
Comment