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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-25-2022, 04:56 PM
Croa Croa is offline
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Exclamation CS Payer parent on Disability

hi all,

Wondering if the CS payer parent is on disability and can't even make ends meet with the limited disability income through isnraunce, does payer parent still need to pay CS and how it works? Other than medcial records, does the payer parent need to provide avidence/receipts to show the living cost or other expenses to the court?

Thanks for your time.
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Old 05-25-2022, 05:08 PM
rockscan rockscan is offline
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You would need to get an agreement to reduce support based on the updated income. You would calculate what you owed on the previous income for the time period up to the disability, pay those arrears and then start paying the lower amount. When the payor goes back to the increased amount they would increase.

If the recipient doesnt agree the payor would need a court motion.
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Old 05-25-2022, 05:10 PM
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The payor would need to apply to have CS adjusted based on their current income. CS can be garnished, even if the payor is on ODSP, so you would want to address this ASAP.
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Old 05-25-2022, 05:38 PM
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There is a threshold for paying child support.
Fall under it and you don't pay but I would caution that you should pay some amount so that the other parent can claim the kids as dependents without hassle from the CRA, it is situation dependent.
Giving way tax credits to the government seems like a crime against all.
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Old 05-27-2022, 02:14 PM
Croa Croa is offline
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Thank you all, what if there is no ordered amount yet(waiting for a court date). Is that to say must pay CS as long as whatever income is over the threshold? Even though the payer can't carry on own life with the reduced income?
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Old 05-27-2022, 02:26 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Croa View Post
Thank you all, what if there is no ordered amount yet(waiting for a court date). Is that to say must pay CS as long as whatever income is over the threshold? Even though the payer can't carry on own life with the reduced income?

There is no temporary order for cs at this time? Has the payor been paying anything? If yes, what was the justification for the amount?

Or if youre asking if they pay the lower amount in advance of a motionthis is tricky as the recipient could register with an enforcement agency if they live in a province with one and they have an existing amount of support owed in a document.
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Old 05-27-2022, 02:47 PM
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Quote:
Originally Posted by rockscan View Post
There is no temporary order for cs at this time? Has the payor been paying anything? If yes, what was the justification for the amount?

Or if you�re asking if they pay the lower amount in advance of a motion�this is tricky as the recipient could register with an enforcement agency if they live in a province with one and they have an existing amount of support owed in a document.
No temporary order or anything from somewhere other than a court case sitting there. The payer has been paying CS on his own since the court case filed. Now the payer is on disability and realizes it is hard to continue paying a table amount due to medical conditions and other support needs, but want to act in good faith.
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Old 05-27-2022, 03:06 PM
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Then reduce the amount based on current income and advise the other parent. Hopefully the person on disability gets better quickly.
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Old 05-27-2022, 03:22 PM
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Quote:
Originally Posted by rockscan View Post
Then reduce the amount based on current income and advise the other parent. Hopefully the person on disability gets better quickly.
The question is the payer can not even pay reduced table amount based on reduced income, the payer actually can not make his own ends meet with current income, what should payer do in this case? Thanks.
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Old 05-27-2022, 03:44 PM
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Quote:
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The question is the payer can not even pay reduced table amount based on reduced income, the payer actually can not make his own ends meet with current income, what should payer do in this case? Thanks.

Unfortunately they still have to pay support. The only people who dont 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.
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