Legal Question in Family Law in Canada

Re child support

my husband owes back support he is now in a position to start paying his support ... but the amount they are asking is no problem ... it's the taking os 40% of his wages on top of that for the back support is a problem .... he needs advice what should we do ... as we have a child together and at this time I am unable to work do to health reasons so he is the sole income for us.


Asked on 8/15/07, 4:53 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Re child support

As noted on the LawGuru website, this firm can only answer questions relating to British Columbia law. The law may or may not be similiar in other Provinces. In B.C. an application can be made to the Court for the Court to set a payment schedule for the arrears, but one of the major issues will be for your husband to explain why he did not either make the suuport payments that were ordered or apply to have them reduced when he could not make them. This is a complex area of the law, and the court must be supplied with proper evidence in the form of source documents that will document your husband's allegations (whatever they may be) of his former inability to pay and why he did not apply to reduce his payments. Please consult a lawyer immediatley, because if the situation is allowed to go on too long your husband may lose the right to challenge the 40% attachment; also there is a possibility, depending on the circumstances, that some or all of the arrears can be cancelled. This is too complex an area of law to handle alone; you do need a lawyer.

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Answered on 8/15/07, 9:23 pm


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