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On-going child support

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  • On-going child support

    Hi everybody I am looking for some feedback. In 2019 after separation my child support payments were based on my 2018 income of $62 000, and I was paying child support $579 to date on an interim basis,and we haven't gone to trial yet.

    Over the years my ex never seeked to change child support payments as my income increased; I have 2 jobs, fulltime income is $54000, and casual employment varied depending on the number of shifts I pick up. Last year's total income was $80 000, and my ex has brought forward a motion 14B asking for child support to increased based on $80 000.

    I anticipate my income for this year will be less because I will be doing a 4 month unpaid school placement , I am of the opinion that if the increase is based on $80 000 I will face financial hardship this year and I anticipate my ex won't cooperate next year when it comes time to change child support.

    What are your opinions? I am agreeable to paying the child support arrears now and next year if I am in arrears will pay for those arrears.

  • #2
    Calculate what you should have been paying and then gather your response.

    You will have to respond to her 14B and because your income is known you can add that in.

    Make an offer. You will pay the arrears for the 80g income and adjust cs to what your actual income for this year is. When it changes you will update immediately. That will also go into your response to her motion to change.

    If your schooling is to upgrade to earn more money or stay in a job then she has little to argue.


    • #3
      Thank you Rocksan


      • #4
        I agree with Rockscan.

        Also, No one can really argue guideline child support when it is supposed to be lowered or increased based on yearly income. Unless it is an undo hardship situation.

        We had a similar situation with my husband's ex. She is very high conflict and money motivated. We struggled while he was off work sick/paying her the guideline support on his previous income during that time.

        When it came time to change on the lower income, the next year, we sent her the Consent Motion, told her if she did Not agree to guideline amount change, he'd file a Motion to do it. (She'd have no chance of winning)
        She agreed/signed the Consent Motion.

        We may have been given the wrong advice by our lawyer at the time, but from our personal experience, we were told we could Not file undo hardship because my husband did have a job, consistent pay cheque. Even though we were quite lower financially to his ex/living standard lower too. (But the picture that got painted to us to file undo hardship--you literally cannot have a job, need to live in one room, no vehicle, no phone, no cable.)


        • #5
          Re: undue hardship…it barely gets accepted. There was a case of a man who had one child with one woman and then four with another. He tried to claim UH and the judge blasted him for not being fair to his first child. And in my husband’s case, he was on EI and made one third what his ex did, he didn’t claim it as it would have opened a can of worms for nothing.

          In my husband’s case, the judge said “now that the income is known we can go back and calculate”. Your ex is being an idiot. You will pay what you should have been paying and then update accordingly. If this goes to court, that is what will happen anyway. Best not to waste money on lawyers!


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