Q: My pay dropped dramatically due to the economic crisis and I can't make my child support payments. What can I do?
You can apply for a variation of the child support order in court. A more practical approach will be to check with your ex-spouse on whether a temporary reduction or deferment of the payment is all right. If so, confirm the agreement in a letter so that there is evidence of the variation.
Q: When will the Court vary the Child's Maintenance Order?
The Court will change or cancel the Maintenance Order if there is material changes in the circumstances e.g. pay-cut of the supporting spouse or due to the child's large medical expenses.
Q: My husband refuses to pay the maintenance despite the Court Order. What can I do?
Disobeying a Court Order is a contempt of court and can be "jailable". Your lawyer will also advise you on what are the best enforcement proceedings to take out against your husband to force him to pay. They may include bankruptcy proceedings etc.
Q: My ex-husband has threatened to file for bankruptcy. What effect does it have on child support?
Filing for bankruptcy protection does not excuse a parent from supporting his child. Any back payments owed for child support is not just a "debt" which can be cancelled in a bankruptcy proceeding. However, filing for bankruptcy will automatically prevent collection activities on a support order. In this kind of situation it would be best for you to get proper legal advice from your family lawyer for the full effect.
Jul 26, 2008 - 04:38 AM
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