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  • Jail?

    I've been separated for a year and a half. I've been paying CS whenever I have the funds. Before everyone starts jumping on me regarding that last sentence, there are some enormous circumstances surrounding this. Lack of employment, getting laid off, being left with nothing while she kept car, house and all belongings and I had to start from scratch.

    There is no court order in place for CS. However I believe there is a consent order from 6 months ago.

    I was in to see my lawyer today and she told me that I could possibly get sentenced to jail. I was shocked! My wife filed with FRO after the last consent order, and one month later I was laid off from my job. I was unable to meet that CS obligation and because of this, I may go to jail? Is this possible?

    I am having some serious anxiety about this.

    Noman

  • #2
    noman,

    If there is a consent order in regards to the child support amount, the onus is on you to vary the order with the courts.

    To successfully vary the consent order, you will first have to prove a material change of circumstance and once this threshold is met, the court would hear the motion to vary.

    Your lawyer should of explained this process. If the consent order has been filed with the FRO, then you will have to make arrangement with them regarding a payment schedule to fulfill your obligation. FRO can garnish 50% of your EI and may put a lien on any other government benefit such as GST, Income tax rebate that you may be entitled. Before the arrears get out of control, If it was me, I would bring forth a motion to vary the order with the courts citing a material change of circumstance. The courts may give you a hiatus or forgive the accumulated arrears, However, the Hiatus won't be for very long.

    lv

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