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Croa · #11 05-27-2022, 04:12 PM

Quote:

Originally Posted by rockscan

Unfortunately they still have to pay support. The only people who don�t are on welfare. If the payor declares hardship then all expenses will be scrutinized included any extras like cel phone, cable, internet etc.

It sucks and I know this first hand as my husband had to dig into savings to pay cs while he was on EI but there is little sympathy.

So if the payer provides sufficient evidence/receipts to support the hardship claim, the table amount could be adjusted or waived? Otherwise have to pay a table amount? Does paid in cash count? Many thanks.

rockscan · #12 05-27-2022, 04:14 PM

Never pay in cash. Ever. You always have a receipt that it was paid.

You would have to provide an updated financial statement to the court as part of your case showing all your expenses. That will be scrutinized by the opposite side. Any and all expenses that are deemed frivolous will be argued.

From there the judge will decide if its hardship and/or what should be paid. More than likely something will have to be paid.

Croa · #13 05-27-2022, 05:18 PM

I meant some expenses paid in cash no receipts, can those kind of expenses included in the financial statement? Can etransfer/bank account transactions be used as evidence for expenses? Can repayment of personal borrowing/agreement be expense as well? Thanks.

rockscan · #14 05-27-2022, 07:17 PM

What expenses are you paying? You either pay spousal and/or child support and a portion of section 7 but nothing else.

Croa · #15 05-27-2022, 09:21 PM

I am talking about payer's living expenses on financial statement. Will the court request evidences for expenses when come to arguments of undue hardship? There is no receipts for some expenses as some of them paid in cash or other ways. Will repayment of personal borrowing be supported as payer's expense at court? Bank records are available.

pinkHouses · #16 05-27-2022, 10:07 PM

I am not a lawyer and certainly don't have a lot of experience on this.
The rulings also change 2 years ago may not be relevant today.

The late Cindy Blatchford did series on how guys don't do so well in family court. She did write a piece on a guy that....well he couldn't pay the child support and was dirt poor. He never got a break.

In this case link the father had their s7 reduced. Base child support remained the same. He had a claim for undue hardship:
https://canliiconnects.org/en/commentaries/40144

This will help answer your question on receipts, there are references in that ruling to reducing CS, they were on ODSP: https://www.canlii.org/en/on/oncj/doc/2018/2018oncj921/2018oncj921.html

Child Support is one of those sacred cows, not to be messed with so yeah they are going to want evidence for expenses when undue hardship is being claimed. I mean if you are saying you spend $400/month on rent and $200/month for food they will likely believe you.

Unable to afford living expenses that is a relative term. Having to pay for items in cash and not having receipts, judges do not like people that avoid taxes or don't file their taxes.
Here is a link to the Federal guidelines for undue hardship:

https://www.justice.gc.ca/eng/rp-pr/...p/v2/v2_4.html

If you are only getting $10K on disability insurance then you fall below the table amount.

If you go through that stuff and find something more definitive than our shoulder shrugs etc. it woudl be good to hear back from you!

rockscan · #17 05-28-2022, 10:26 AM

Quote:

Originally Posted by Croa

I am talking about payer's living expenses on financial statement. Will the court request evidences for expenses when come to arguments of undue hardship? There is no receipts for some expenses as some of them paid in cash or other ways. Will repayment of personal borrowing be supported as payer's expense at court? Bank records are available.

Because you swear an oath that the financial statement is true they don�t require proof. Normal household expenses are permitted regardless of how you pay them. For instance heat, hydro etc.

Croa · #18 05-28-2022, 02:39 PM

how about other expenses, personal support, transportation, etc. due to medical conditions? Getting help from friends for daily life, compensate friends in some ways as appreciation. Thanks.

rockscan · #19 05-28-2022, 02:53 PM

Quote:

Originally Posted by Croa

how about other expenses, personal support, transportation, etc. due to medical conditions? Getting help from friends for daily life, compensate friends in some ways as appreciation. Thanks.

You dont pay for charity and you would claim the transportation and medical devices but if you are on workplace sponsored disability, those things should be covered. If you are government disability, like ODSP then I dont believe support is paid. BUT you have to prove you absolutely can�t work.

StillPaying · #20 05-28-2022, 03:02 PM

What was your income.
What is your income.
What's the access schedule.

Yes people on disability still pay support.
Your option is undue hardship, which is highly unlikely.

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