Legal Question in Family Law in Canada
child support
My ex-husband put in for a change of motion due to being on unemployment. The court order says he's to pay me 1336.00, he is asking the court to be able to pay me 308.00 per month. He is already in arrears by 8,000.00. Can I go after his 20,000.00 in RSP's, or have the judge look at his assets, because I am in dire need of these payments, and or arrears.
1 Answer from Attorneys
Re: child support
In British Columbia there is authority for the proposition that in many cases if someone is in arrears the Court will not hear a motion to vary support. It can depend to some extent on whether or not the arrears are for child support or spousal support. Under some circumstances you may attack his assets such as RRSPs to pay the arrears, but this area is very complex and far beyond the scope of LawGuru; it may involve the appoitment of a Receiver by Way of Equitable Execution, which is something many lawyers and judges don't know much about. For arrears you can almost always attach his real property, or seize vehicles and bank accounts, but again the area is complex. You may also register witht he B.C. Family Maintenance Enforcement Program, but they will not defend an application to vary maintenance. It is adviseable to consult a lawyer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
