Do I Still Have to Pay Child Support if I Lost My Job to COVID-19?

In a stunning Global News report, at least 44 percent of Canadian households have reported lost work because of the coronavirus pandemic. Another 18 percent say they’re expecting to experience a loss of work.

What happens, though, when child support payments still must be made?

Do Not Ignore the Problem or Stop Payments

Keep in mind that the courts understand the ebbs and flows of life and have put procedures in place for you to adjust the amount of child support to be paid as you encounter bumps along the road. You and your former spouse or partner can also make an entirely new separation agreement to help all parties get through this difficult time.

Stopping your child support payments is simply not a viable legal option. Possible consequences include:

·        Garnishment of your bank accounts

·        Garnishment of money you may be entitled to receive from the Government of Canada

·        Suspension of your driver’s license

·        Suspension of your Canadian passport or other federal licence

·        Destroying your credit rating by having child support non-payments reported to credit bureau

How You Can Adjust the Amount of Support You’re Obligated to Pay

Thankfully, there are proactive steps you can take to help you better financially navigate these difficult times

·        Take a self-assessment inventory of the situation. The federal government is accepting applications for emergency financial assistance; take the time to make sure you meet all the eligibility requirements to receive the aid. Also, think about other assets (inheritance, savings account, possessions that could be sold, help from family members, etc.) available to you.

·        Think about your former spouse’s situation. Does the other parent still have a job or access to funds that will help to pay the rent or mortgage, and provide food, shelter and clothes for your child?

·        Consider the expenses that have gone because of the pandemic. Because much of the nation has closed, you and your child’s other parent likely do not have to pay for day care, private school fees, costs of extra-curricular activities (sports teams and educational programs), and transportation to various events and gatherings.

Once you have all the information, the next best course of action is to have a rational conversation with your child’s other parent. If you are both able to reach a decision on your own, that’s best for all parties involved.

If you’re both able to reach an agreement, it’s definitely in your best interest to have the agreement put in writing, signed by you and your child’s other parent, and on file with your lawyer.

What to do if You’re Unable to Reach an Agreement

If a mutual agreement is not possible, your next course of action should be to leverage the skills and expertise of your family law lawyer to help you file a motion to change in Court.

Remember that losing your job is one of the qualifiers that may enable you to have the amount of monthly child support legally changed.

The Key Takeaway

Losing your job – even if it’s for a temporary basis – is difficult enough. Remember, though, that the purpose of child support is to make sure your child has access to proper food, clothing and shelter.

No one wins if you suddenly stop your child support payments.

This is a temporary situation. If you and your former spouse or partner are able to reach an agreement on a reduced amount of child support, include language in the agreement that the payments will return to normal when your situation is righted.

Likewise, your motion to change should also include such language.

Regardless of which approach you use, make sure your lawyer either drafts or sees and approves the agreement, or guides you through the motion to change procedure.