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Abrupt income change.

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  • Abrupt income change.

    Years ago, when I was going through my divorce and learning about Family Law, I remember coming through a statement saying that children are the top priority for parents.

    What typically happens to child support when paying parent has to suddenly leave the country, deal with own's parent illness, death and estate issues. Someone is such position may be unable to work. Let's say they leave mid-year and have income cut in half.

    - does the child support continue per normal income because the parents' top priority are their own children, paying parent is healthy and employable so everything else is just noise?
    - is child support payment decreased?
    - otherwise?

    Again, let's focus on just the question. Let's not talk about someone having to prove this or anything like that. Everything checks out. What happens in such case?

  • #2
    Your ex could argue to have an income imputed. Or that it is temporary and expected to go back to normal.

    The courts donít have much sympathy for the paying parent having anything but full employment to support their kids. You see it in cases of parents who lose jobs, get sick etc.


    • #3
      You have a legal obligation to support the child, if you choose to leave the country to take care of someone, that is a personal choice, it does not absolve you of your legal obligation.


      • #4
        It is a grey area and on the paper work it is called "undue hardship" and can cost money to try and implement the claim successfully. Try to make a deal with your ex to achieve a middle ground on the CS but don't expect much.
        With today's technology doing things remotely like estate items is much more doable and expected.
        Taking care of a sick parent that is often a personal choice but 1/2 a year?
        Death is a regular life thing that should not affect CS


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