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  • Child Support Lump Sum Payment

    Hi all,

    I know this is a dumb idea, but I am not in a good health status, likely I might have to go on disability or leave the job after paying a lump sum child support. Divorced many years ago, have a teenager kid living with ex. I am not expecting to have higher income in the future due to health issue and age, just wanted to get it settled. Ex requires a lump sum(waive extraordinary cost, I agree to help with it when I can, the total lump sum is a number she requests, not fully based on monthly table amount). I know if I lost job because of health, the child support might be adjusted or suspended, but have to provide a lot of medical records to the court, and ex might argue against me. Wondering in this case if I have no income or low income in the future, can ex still come back to claim child support or extraordinary(section 7) expenses like school fees, activities fees, etc? or she claim I intentionally quit the job to avoid future support? Any other situations ex can come back to court again in future?

    Thanks in advance.

  • #2
    Don’t agree to a lump sum support or waiving expenses because she can come back at you.

    CS is based on your income and if it changes, so does cs. If you know you are going to have lower income then you shouldn’t agree to a set amount that is higher than your income.

    If it is known now you will be going on permanent disability then she can’t come back and say you are purposely underemployed and demand you make more. On the other hand, if you are going onto disability because you don’t want to work anymore then you are actually purposely underemployed. Either way, the onus would be on her to prove you are underemployed and if she knows its happening and is demanding a lump sum payment then she would look bad.

    Tell her no, you will follow the guidelines and leave it at that. Put the money you would have paid her into an account that gains interest and pay her monthly out of that.

    You should also demand that you have equal time with your child (offset cs) as they are old enough to transition between each home and you have every right to spend equal time with them.

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    • #3
      Thanks rockscan, I am not sure if I will go on disability at the moment as I am seeing doctors and taking medications. I have mental conditions and other health issue, went on long term disability many years ago after divorced. I am now suffering the similar situations but much worse. I told her my current health conditions, and told her I would continue working as long as I can. I am willing to help children and hoping if she got the lump sum, she will be ok if I eventually go on the disability as the lump sum will is the permanent settlement for all future support in the agreement. Not sure if she can still come back for support later on even if I lost job. Is there a way to make a strong agreement to prevent that happen? Especially if I lost job for any reasons, it will be hard for her to claim CS or other expense again as the lump sum has been paid in advance? If I lost income eventually and she claim I am underemployed on purpose, will the court order to pay CS or extra expense with my savings, RRSP or property? Thanks again.

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