Brass tacks.
When we separated I was self employed $40k/year - Child Support based on $50k. She was making 60k/year.
Keeping up with paying child support and all the extra's she came up with, I bled my business and went bankrupt.
Currently I am earning $35 - 40k/year , She's now earning $85/year as is her new spouse.
I have been laid off for the winter so I haven't been able to keep up. She has registered with FRO so I guess I'm forced to take it to court to have the amount reduced.
As it stands I pay $925 plus $200 for childcare, and $200-$300 RESP.
Kids are with me every other weekend, 1 night/week (not overnight), 1 week of Christmas, 2 weeks of Summer, 1/2 of March break. They have their own rooms (4 kids - 2 rooms), clothes and toys at my home as well.
I'm living free with family at the moment as I can't afford anything else with the payments I make.
Could undue hardship come into play to reduce my payments? Would the income of the family member affect the "Undue Hardship" calculation, or could they base it on what it would take for me to live on my own?
... Also because we haven't had the child support registered that FRO will calculate my arrears based on the separation agreement from 4 years ago. At my current income, in 2016 I have paid more than the Table amount.
Any advice would be greatly appreciated.
When we separated I was self employed $40k/year - Child Support based on $50k. She was making 60k/year.
Keeping up with paying child support and all the extra's she came up with, I bled my business and went bankrupt.
Currently I am earning $35 - 40k/year , She's now earning $85/year as is her new spouse.
I have been laid off for the winter so I haven't been able to keep up. She has registered with FRO so I guess I'm forced to take it to court to have the amount reduced.
As it stands I pay $925 plus $200 for childcare, and $200-$300 RESP.
Kids are with me every other weekend, 1 night/week (not overnight), 1 week of Christmas, 2 weeks of Summer, 1/2 of March break. They have their own rooms (4 kids - 2 rooms), clothes and toys at my home as well.
I'm living free with family at the moment as I can't afford anything else with the payments I make.
Could undue hardship come into play to reduce my payments? Would the income of the family member affect the "Undue Hardship" calculation, or could they base it on what it would take for me to live on my own?
... Also because we haven't had the child support registered that FRO will calculate my arrears based on the separation agreement from 4 years ago. At my current income, in 2016 I have paid more than the Table amount.
Any advice would be greatly appreciated.
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