While there are some parents who balk at paying child support just because they don’t agree with the amount or don’t want their ex to have the money, there are others who understand that child support goes to provide for the children but struggle to make their payments. Sometimes, a rough patch can turn into a bigger issues, and when there is an undue hardship, the courts may be able to reduce the child support amount.
It’s important to understand that proving undue hardship can be very difficult. If you are going to be paying child support and do not believe you will be able to pay the standard amount for your case, you will need to provide proof as to why. This includes providing the courts with all income streams, including any incomes brought in by others in the household, such as a partner or new spouse. Investment, business and dividend incomes must also be reported to the courts.
The court generally only considers the undue hardship a possibility in certain situations. These include if you have excessive amounts of debt, are making child support payments for other children not related to this case or are paying money to support someone in your household who is sick or disabled. The standard of living for both your and your ex’s households will also be considered as factors.
If you do not think you will be able to make your child support payments, a family lawyer can help you understand whether you have any options available and how to petition the courts for a change.
Source: Legal Services Society, “Child Support,” accessed July 28, 2015
Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9