Questions & Answers

The payer returns to school – should child support payments change if they are not working during that time?

I pay child support as I work out of town therefore my daughter lives with her mother the majority of time, she has been remarried for over 10 years both making over 100,000.00 annually. I recently went back to 1rst year apprenticeship school and was gone for 2 months, I was on Employment Insurance will attending school $840.00 every 2 weeks. I was living in residence as the school is in Alberta but I live in Ontario. The cost of living is double where I attended school. Do I have to pay the same amount of child support during school that I pay when I’m at work?
Thank you so much and have a great day!

— Carey H.

Answer

Hi, Child support is based on your income. If you income drops, your support obligation drops. If the drop in income is for a short period of time, some judges will not drop the child support for that period of time. Depends on the judge hearing the case. It is also possible for the judge to impute income to you. That is, the judge can ignore your drop income because it was done voluntarily, unless you can persuade the judge that it is a good decision and will result in higher income eventually. So, I know, the answer is not "black and white" as is the case with most family law questions but I hope this helps. You can have a consultation with one our lawyers who will be able to give you a more detailed answer once they know all the details of your situation.

Associations & Awards

Collaborative Practice Best of Barrie Top Rated Reviews on Google