Announcement

Collapse
No announcement yet.

Child Support Arrears

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Child Support Arrears

    We separated in 2019, at that time I was paying child support as per table amount 2018. 2020 - 2022, I provided my NOA and requested to increase child support because my income increased each year, and she was not agreeable. My ex is now asking for arrears from 2019 - 2021, and I believe it was meant to cause financial damage to me. I now have 50/50, and her requests for arrears from 2019 is causing financial hardship, and not because i refused to increase child support but out of malice on her part she was not agreeable to increase it on Consent. I want to know if I can ask for relief part of the arrears; at no point did she say the child is going without and suffering, as a matter of fact she stated that with or without the child support the child is doing fine.

  • #2
    Is there any case law for my situation?

    Comment


    • #3
      I don't see any way around this without a strong case of financial hardship. You knew the extra support was due, and I'm not sure why you didn't pay it or save it. I don't see this as malice and I would refrain from saying the child didn't suffer; cs is the right of the child.

      Comment


      • #4
        You won't be able to get out of it. You will be ordered to pay it.

        I don't understand what happened in your situation that you went from being able to pay cs and will be moving to 50:50 and are now financially unstable.

        Comment


        • #5
          Prior to 50/50 I had full time and part time job. Post 50/50 I have full time job, and part time hours have been cut down 16 hours a week during to new parenting arrangement.

          Comment


          • #6
            2019 might be too late for her to ask for retro child support (>3 years, no intent to deceive). For 2020-21, can you arrange a payment plan to catch up on what you owe?

            Comment


            • #7
              Originally posted by DHTO View Post
              2019 might be too late for her to ask for retro child support (>3 years, no intent to deceive). For 2020-21, can you arrange a payment plan to catch up on what you owe?
              If she had already asked or it was discussed then she can ask. Not to mention he offered to pay it but she refused. It would be at the judge's discretion to order it.

              Comment

              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
              Working...
              X