Frequently Asked Question: I presently pay child support for two kids. I was just wondering, if my ex-wife makes more money than I, could I apply for a variance to lower my payments, and would you recommend that or leave as is?
Answer: The fact that the ex-wife makes more money does not automatically entitle the payor to a reduction. A complicated application based on the concept of undue hardship is required, that applies standard of living tests to entire family incomes. It is best to get a lawyer”s detailed opinion before proceeding. Details governing this kind of application can be found in the Child Support Guidelines: http://www.justice.gc.ca/eng/pi/fcy-fea/sup-pen/index.html
Question: If a father has joint custody and is making child support payments to his ex is he still required to pay if the children spend 60% of their time with him? Could he petition the court to stop these payments or at least put the funds in a trust account for his children’s benefit?
Answer: The child spends more than 40% of the time with the payor. The law states that the child support obligation may therefore be reduced from the straight guideline obligation each month. It is best to try to negotiate, and yes, he can apply to court.
The outcome can be a straight netting of the obligations under the guidelines, or some other amount the court considers appropriate, taking into consideration “needs, means and circumstances”.
Putting funds in trust may cause serious problems with maintenance enforcement authorities, credit ratings, etc.