Child Support Payments Post Covid-19

Child Support

Separated families facing layoffs, job losses, or even self-employed business collapses can contact Covid-19 Changing Support Payment and lawyers for help. Many people are now asking family lawyers what effect Covid-19 will have on support payments. 

Right now, the pandemic means that people are losing their homes or are refusing to self-isolate due to their desperate need for money to pay for living expenses, child support, and spousal support. How would shared custody payments be calculated if they were based on each parent’s wages set-off, and one or both of them may have disappeared? This article will explain the current situation regarding child support payments post covid-19, how our family lawyers can assist you and tips for people who cannot pay child support. 

The Changes Made To Child Support Payment in Post Covid-19

What is the impact of Covid-19 on support payments? How does the reduction in support payments work under Covid-19? If you have monthly payments for any reason during the Covid-19 pandemic, you may have wondered if you can delay your payments or have your payments reduced due to the global crisis. For example, you may have child support or social support payments to make. Shouldn’t we be excused from our payments if a virus is going around and the government tells us to stay home? No, we should not!

There is no substitute for a family and children. It is against the terms of your support order to pay less than what is typically due each month. You are under court order to make these payments unless your support order is varied through a duly filed written application and hearing. Covid-19 does not automatically exempt child support and spousal support. A Covid-19 support payment reduction deferral is impossible if you ignore the reduced income and take no action. If you fail to make payments and FMEP takes action, it can take aggressive measures against you. 

Tips For Those Who Are Unable To Pay Child Support

However, what about those who cannot afford to pay? In addition to your support payments, there is only a certain amount of money for your rent, food, utilities, and medicines. If you are involved in a Covid-19 changing support payment dispute and have decided you cannot make your support payment, here are the top five suggestions from our top family lawyers:

  1. Do not stop documenting (your situation)! Maintain a spreadsheet that shows exactly what you have to pay and to whom each month so that you know how your paycheque is usually distributed. If you do so, you can prove to yourself and eventually to your spouse, their lawyer, or even a judge that you cannot afford to pay support.
  2. To prove you couldn’t have made the support payments show all the safety nets you have, including savings, personal loans, credit cards, financial aid, and government benefits. You should also keep a copy of any application for unemployment assistance or other national or provincial COVID assistance.
  3. If you have a limited budget, you should allocate the first dollar from each budget item to the essential expenses. Since you support dependents, their needs will consistently rank high on the priority list, perhaps just below your rent, food, and utilities. The best option may be to put your other creditors behind your spouse and child.
  4. Making no payment at all is preferable to making a small portion of what is due if you can’t make your support payments. Make sure you show that you’re doing everything in your power to pay for support. It’s ultimately up to the judge whether you should be compensated for any arrears you incur later by excluding the amount you were unable to pay. Your goal should be to make it as easy for the judge as possible to be reasonable and fair to all parties.
  5. Now is the time to tell your spouse! The surprise and shock of the recipient when you discover that you hadn’t intended to pay the support is a common theme in contempt applications. Your spouse will not have had enough time to prepare their own safety net or plan for their own needs (and those of your child). This circumstance can cause far more harm and distress than simply nonpayment. When the judge reviews the situation later, you may suffer extra penalties and costs if you do not do everything to minimize the harm to your spouse and child.

Covid-19 Changing Support Payments may help you reach a mutually agreeable settlement early on if you have tough conversations.

How Our Family Lawyers Can Weigh In Their Input 

In the end, your support Order may need to be altered to account for your new financial reality, whether you can make up for payment deficiencies or not. The court has restricted hearings for now, but you must provide your spouse with written notice of any reduction or deferral of support payments required by Covid-19. For a proper amount of child support, contact our family lawyers. In addition to divorce, they can help you with marriage contracts contested and uncontested divorces. Notary Public Service is also available if you need it. Upon reopening the Courthouse, or earlier if you have an urgent Covid-19 changing support payment disputes case, we can answer your questions, come up with a reasonable approach to minimize the impact on your family, and begin arranging for the support amount to be addressed as soon as possible.

Final Words

Child support is a challenging system, even in the best of conditions. Even though child support improves the economic conditions for millions of children, some parents find it challenging to pay support when their earnings change. They cannot easily alter court orders. States should reexamine their child support and welfare policies to alleviate the adverse effects of the Covid-19 recession on families. You can contact us anytime if anything comes up that you may need assistance with regarding this matter. We would be happy to help you.

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Written by: the Divorce Fast Team

Our team of Ontario lawyers has over 15 years of experience handling divorce and other family law matters.

All of our lawyers are in good standing with the Law Society of Ontario, and have the knowledge and experience to help and guide you through your family law issues. Whether your matter pertains to divorce, separation, custody/access, or support claims, we are the firm for you.

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