Child Support question..If the Dad only makes $25 G and the mom makes $100g and lives with a millionaire..?

Question

Does the Dad still have to pay child support (Canada) even though that would mean financial ruin for him?

The mother has totally alienated the kids from the dad. They don't live far away from us (My daughter and I live with the dad in question here) but they very rarely come over and NEVER for the night anymore. They are 16 and 15. The exwife is now after several years of saying she doesn't need the money and not enforcing the original agreement (made about 10 years ago) is now going after back pay AND $600/month. There is absolutely no way he can pay anything as we both live paycheck-to-paycheck. How will this be enforced if he loses the court battle?
We don't own our home.
He has 2 cars; an 84 I drive and a 2003 which he pays on monthly (he just got it this year). We both have credit card debt about $10,000 each and can barely pay the monthly minimum

His kids are NOT hurting for anything. They are so spoiled. They have only the best of everything and the daughter is involved in ALL sports and Dance lessons, etc. Both kids already have enough for university too, so that is not an issue.

Answer 1

There are several considerations when setting the child support amount. The first consideration is your income. I looked up the amount of child support for $25,000 income for two kids, and here is the monthly child support amount for the following provinces:

$379 in Alberta
$371 in Nova Scotia
$394 in British Columbia
$375 in Ontario
$348 in Manitoba
$365 in New Brunswick
$346 in Quebec
$371 in Newfoundland and Labrador
$354 in Saskatchewan
$391 in Northwest Territories
$389 in Yukon
$412 in Nunavut

More child support might be awarded to cover daycare costs. Less child support might be awarded if it costs a lot to get the kids over for visitation, or as in your case, the paying parent makes so much less than the receiving parent. This is something that you could bring up when you decide to get the child support amount adjusted.

However, here's your problem. The child support amount was already established through the courts. Any considerations such as the amount she makes have already been considered, or should have been considered. If circumstances changed that should have lowered the monthly child support amount, then you should have filed through the courts for a reduction in child support. You can still do that, but the adjustment in child support will not be retroactive.

This is like a contract. Your husband has signed up to pay for this amount through the courts. He is legally obligated to do so. No amount of sob stories will change the past. So yes, he will have to pay his arrears. However, I urge you that if it feels like it's too much money, more than a court would otherwise award given the circumstances, file for a reduction.

In addition to that, you can work out a monthly payment plan to pay off the arrears. I doubt that your husband will have to pay it all in one lump sum payment! Even if he's ordered to pay arrears, he can work it out so that he pays a little more than the monthly obligation amount, and whatever he pays extra goes toward the arrears. Doing it a little bit at a time like that shouldn't cause financial ruin.

For example, my ex-husband pays $480/month for child support, but since he's in arrears, he pays $600/month. The $120 extra per month is how much he pays regardless of how much arrears there are owed.

In regards to her denying the visitation, file contempt of court charges against her, if you can't talk reason into her. However, this will not eliminate your child support debt. The courts regard these as separate issues. The child support is not payment to get in the door to see your kids. It's meant to provide a standard of living for them while they are living with their mother.

Yes, it was wrong of her to deny visitation, but the way the courts see it, two wrongs don't make a right. You should be focusing on changing the denial of visitation.

Don't look at the kids as just a bill. I hope he can repair his relationship with his kids... that's a really important thing to consider in this situation. Try not to lose sight of it.

But, in regards to child support, it only lasts until 18 years old. You're almost at the end of the financial tunnel for that!

Answer 2

The only people who are required to support the children are the parents. You aren't required to, and neither is Mom's boyfriend/husband. It doesn't matter that the man that Mom is living with is a millionaire. He is under no requirement to spend any of his money supporting children that are not his.

Your boyfriend/husband should have been paying support all along, and wouldn't owe arrears if he had been doing so.

The court will look at the income of both parents, and will come up with an amount due monthly based on the proportinate income of both parents. Since mom has the kids, they will order dad to pay mom a certain amount each week, and will also order an additional amount to be paid toward the arrears that dad owes. He might have to get a second job. Like I said, if he had been paying what he was court ordered to pay earlier, he wouldn't be in this delimna.

Do you really want to be with a man who wouldn't support his own children over the last 10 years? He seems scummy to not support his own children.

Answer 3

They base child support on a certain percentage of how much you make. They do not take into consideration how much the custodial parent makes. My ex had to go get a loan to pay off his back support. In my case the courts went after my ex not me,I didn't have any say in the matter. If the court has ordered visitation for the father and he hasn't been able to see the children then she can be held in contempt of court if she actually didn't let the father have his visitation. He shouldn't have to pay the back support if that is the case. He should have taken her to court for denying visitation.

Answer 4

I don't know Canadian law, but the father is responsible for his children, regardless of how much the mother has. If he chose not to enforce or pursue custody that was his decision, but they are HIS children and he is responsible.

If you're having financial problems, maybe contact someone to help you budget better and solve them, but he is going to be held responsible for his children.

Just for thought, how do you think the children feel knowing their father has put money over them? If he hasn't pursued custody, how do you think they feel about that? Probably like he doesn't care. It's the children that get hurt when parents decide to fight, especially long, drawn out court battles. Think about the kids before you decide to get vicious.

Oh, and as far as living with a millionaire, it probably doesn't matter since he's not their father or responsible for them.

Answer 5

My understanding is that support is supposed to be proportional to ability. In the case you listed, the father should be responsible for 20% (25 + 100)/25 of the cost of raising the child.

I'm from the US and not an attorney.

Answer 6

He needs a lawyer. Also there is a website for fathers rights. Have him check it out. It would be a good idea to file for bankruptcy too with the amount of debt you owe. I don't know what Canadian law is about this but here he'd have to 25 percent of his net in child support.

Answer 7

can I the child go after 1 of my parents for back pay child support

Answer 8

he should have paid his due. he helped make the kids so he should help pay regaurdless of how much they have. if he can support u and another child plus a new car then he should pay up. sorry but you asked. you should manage your debt better