Discussions

What happens when a person who is paying child support loses their job? I have a family member who was paying 500$ a month of support but just recently got let go from his job. He is now stressing on if he is still on the hook for that $500 a month or if the government will drop it? He has rent and food to pay for as well. He is also on the maintanance program. Are they just going to keep on letting it build up until he gets another job? Then he has to start paying back? What if the new job is significantly lower pay than his old job?

Go to maintenance enforcement in the courthouse and they’ll give you a number to call that he can request a re calculation

In my experience you must go though the courts to have any changes to a court order

I’m a collector of child support through MEP. My ex just started paying his court ordered child support. He went so long not paying that the province he resides in made it so he couldn’t have a drivers license until he started making payments. I have not received the exact same amount on any payment. Some have been more, some have been far less than the court ordered monthly amount.  
 
If your family member can no longer afford the amount they are to pay. MEP can’t change that amount. He can either pay what he can afford and if he goes into arrears, that will be kept track of and he just keeps making payments until everything is caught up.  
 
OR  
 
 
If he is going to be in serious financial turmoil. He needs to collect all forms of proof of his finances (income in and out) and go back to court to appeal the amount he has to pay. But they won’t change the original court ordered amount without concrete proof he can’t afford to do it.

Whether child support or spousal support all adjustments to any amount having been set through a court judgement must have a motion to vary filled and heard before a judge to have changes made. MEP enforce court Judge judgements so it is best to file as soon as circumstances change. Just remember what may seem reasonable - is not always how a judge rules, believe I have had my share of experience with going before a judge and his rulings - so biased and prejudice it was unbelievable. Mine was not child support but rather spousal support - there are guidelines that were created but those are only if a judge chooses to even consider or respect them.  
 
As you have noted Child Support in this instance - I can only hope that both individuals consider how your actions are affecting these children - and I am assuming these children are minors. I am positive these children never asked for any of the dis functionality or shortcomings they may be faced with through these circumstances!  
 
I will also share from experience - should a judge pronounce should truly outstanding ridiculous ruling - you will get told you have the option to Appeal the Decision thru a Court of Appeal process of that judgement - yes it would be best to have legal counsel for such a process - but do remember this - as a judge makes unfair rules and assumes you will appeal - it is nothing but a lawyer making money opportunity. Should the court of appeal rule in your favor and not in agreement with that judge - you can rest assured that judge will not be too impressed and he does not like being challenged or ruling done against his judgement.  
 
Oh - there is also an avenue such as the Law Society that you can contact should you sense your legal counsel has not acted in your best interest! Only one note of caution even bothering - as the Law Society - which people are led to believe is for clients complaints or concerns - is nothing but a venue - operated and run by lawyers - so how do you think your concerns will be addressed? I don't think I need to say more with respect to the Law Society - I am sure you will figure it out and some of you reading this may be familiar with your own experiences!  
 
Justice and Laws - Lawyers and Judges - It is a very costly learning process and if you have never experienced I will say hooray - for there is no such thing as common sense - simply whatever the Man or Women - Judge chooses to rule - for as I once was told in a court of law - "It is my court - and I can do as I please!" I do not think I will ever forget not do I find that to be respectful of a citizens nor in alignment with a person's Charter of Rights!  
 
Edited by Healthy Hugs, 2018-02-04 11:36:51

I would be focussing quickly at getting back to work and not allow myself to get behind. The mother raising the children shouldn't have to come up short because Daddy lost his job. Rather than wasting the time and effort on trying to figure out how to get out of child support use that energy at finding employment and maybe a payment won't be missed. Ask the financing company of your car if you can defer a payment. Pull money out of a credit card. Cell phone, ask to miss a payment etc. Do what you can but don't let your kids be on the bottom of the priority list.  
 
When you don't have a job, your full time job is to find a job.

The guy doesn't need a whipping...he just asked a question.  
 
You're going to need to get to your lawyer and talk to him tomorrow. MEP is ruthless, brutal and all powerful. Revenue Canada can't impose the kind of pain on a human being that MEP can. They'll seize ALL of your income less $250/month. They'll take your licence, they'll take your passport, and they cannot be stopped short of the courts. You cannot file bankruptcy on them and the money owed just keeps on ticking up.  
 
If your just out of work for a bit find a way to keep the payments and get back to it. If you're trying to find a way out it won't work. Once the courts lock you in you're done.

fomo said "I would be focussing quickly at getting back to work and not allow myself to get behind. The mother raising the children shouldn't have to come up short because Daddy lost his job. Rather than wasting the time and effort on trying to figure out how to get out of child support use that energy at finding employment and maybe a payment won't be missed. Ask the financing company of your car if you can defer a payment. Pull money out of a credit card. Cell phone, ask to miss a payment etc. Do what you can but don't let your kids be on the bottom of the priority list.     When you don't have a job, your full time job is to find a job. "

wow - the guy never said he was going to quit paying. He asked what happened while he was looking for another job.  
 
Read his post again.  
 
Sounds like you get it yourself.

"He is now stressing on if he is still on the hook for that $500 a month or if the government will drop it?"

TheScotsman said ""He is now stressing on if he is still on the hook for that $500 a month or if the government will drop it?" "

as I read that as drop it while he was looking for a new job.  
 
I guess everyone takes thing differently.

fomo said "I would be focussing quickly at getting back to work and not allow myself to get behind. The mother raising the children shouldn't have to come up short because Daddy lost his job. Rather than wasting the time and effort on trying to figure out how to get out of child support use that energy at finding employment and maybe a payment won't be missed. Ask the financing company of your car if you can defer a payment. Pull money out of a credit card. Cell phone, ask to miss a payment etc. Do what you can but don't let your kids be on the bottom of the priority list.     When you don't have a job, your full time job is to find a job. "

Easy now. I love that statement....mother raising the children shouldn't have to come up short casuse daddy lost his job. Sooooo.....what if mommy and daddy were together? Is he still to put money on his credit card, call family for help, defer car payments? No they both work together to get through it....now?  
 
The person needs to get to his lawyer as MEP cannot control the amounts but it needs to go to the lawyer asap.

see why a man would leave fomo with that attitude!!  
 
It''s sad that the family courts in this situation are ruthless against the father and are treated as a criminal, yet there are times where the mother is worse. It''s very one sided against the father. The mother shouldn''t solely rely on these payments either and adjust accordingly just like the couple was together and a layoff happened to one of the spouses.  
 
The original poster was also asking for a family member.  
 
Edited by Trevor B, 2018-02-04 15:14:45

Let''s assume the payor makes $17/hr and has 2 kids (that would result in about $500/month by the child support tables). How much lower pay are we talking about? I would say contact MEP ASAP, and see what they can tell you, and check your court order for recalculation clauses. Seriously if you''re not out of work long and your pay is not much less you will be spending MORE on a lawyer than you will SAVE in lowered child support, and you''ll also have a huge hassle. Sometimes you have to just smile and work harder or longer or whatever.  
 
I hope your family member finds employment soon! Good luck!  
 
Edited by Tater, 2018-02-04 21:05:29

Healthy Hugs said "Whether child support or spousal support all adjustments to any amount having been set through a court judgement must have a motion to vary filled and heard before a judge to have changes made. MEP enforce court Judge judgements so it is best to file as soon as circumstances change. Just remember what may seem reasonable - is not always how a judge rules, believe I have had my share of experience with going before a judge and his rulings - so biased and prejudice it was unbelievable. Mine was not child support but rather spousal support - there are guidelines that were created but those are only if a judge chooses to even consider or respect them.     As you have noted Child Support in this instance - I can only hope that both individuals consider how your actions are affecting these children - and I am assuming these children are minors. I am positive these children never asked for any of the dis functionality or shortcomings they may be faced with through these circumstances!     I will also share from experience - should a judge pronounce should truly outstanding ridiculous ruling - you will get told you have the option to Appeal the Decision thru a Court of Appeal process of that judgement - yes it would be best to have legal counsel for such a process - but do remember this - as a judge makes unfair rules and assumes you will appeal - it is nothing but a lawyer making money opportunity. Should the court of appeal rule in your favor and not in agreement with that judge - you can rest assured that judge will not be too impressed and he does not like being challenged or ruling done against his judgement.     Oh - there is also an avenue such as the Law Society that you can contact should you sense your legal counsel has not acted in your best interest! Only one note of caution even bothering - as the Law Society - which people are led to believe is for clients complaints or concerns - is nothing but a venue - operated and run by lawyers - so how do you think your concerns will be addressed? I don't think I need to say more with respect to the Law Society - I am sure you will figure it out and some of you reading this may be familiar with your own experiences!     Justice and Laws - Lawyers and Judges - It is a very costly learning process and if you have never experienced I will say hooray - for there is no such thing as common sense - simply whatever the Man or Women - Judge chooses to rule - for as I once was told in a court of law - "It is my court - and I can do as I please!" I do not think I will ever forget not do I find that to be respectful of a citizens nor in alignment with a person's Charter of Rights!     Edited by Healthy Hugs, 2018-02-04 11:36:51"

Not to hijack this thread or anything but I have a question. MEP is constantly recalculating child support based on the payer's income. So if a person loses their job, why would that not affect what they owe? Seems like as soon as a person makes a dollar more, MEP takes it for child support. So why not the other way around? If the amount is court ordered and can't be changed unless going back to court, why are they able to recalculate it and take more when a person makes more after the amount is set?

Court orders now often contain a clause that child support will be collected through MEP, and will be recalculated annually. They are amounts are recalculated to try to be fair to all parties and especially to children.  
 
Yellowstraw: When there are arrears, that is another issue, that is deciding how much is needed to pay to get back to current on an accumulated amount.