Legal Question in Family Law in Canada

child support payments

can the support payor lower monthly child support payments if he goes on unemployment even if he owns a home with equity and has 20,000.00 in rsp's?


Asked on 5/09/09, 3:37 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: child support payments

In British Columbia child support is determined on the basis of your gross income, not your assets. Assuming that the reason for going on Employment Insurance is not something the payor arranged, but is due to a genuine loss of employment, then the payor has to apply to the court for a variation in child support - it does not "just happen". Normally the support order is adjusted with conditions attached - such could be that the payor keep the recipient advised of his job search (who he has applied to, when & where, any offers or responses etc.) The new support order would normally be based on the amount of Employment Insurance.

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Answered on 5/11/09, 7:56 pm


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