Question:   I presently pay child support for two kids.  I was just wondering, if my ex-wife makes more money than I, could I apply for a variance to lower my payments, and would you recommend that or leave as is?

Answer:    The fact that the ex-wife makes more money does not automatically entitle the payor to a reduction. A complicated application based on the concept of undue hardship is required, that applies standard of living tests to entire family incomes. It is best to get a lawyer''s detailed opinion before proceeding. Details governing this kind of application can be found in the Child Support Guidelines. http://canada.justice.gc.ca/en/ps/sup/ 

Question:   If a father has joint custody and is making child support payments to his ex is he still required to pay if the children spend 60% of their time with him? Could he petition the court to stop these payments or at least put the  funds in a trust account for his children's benefit?

Answer:   The child spends more than 40% of the time with the payor. The law states that the child support obligation may therefore be reduced from the straight guideline obligation each month. It is best to try to negotiate, and yes, he can apply to court.

The outcome can be a straight netting of the obligations under the guidelines, or some other amount the court considers appropriate, taking into consideration "needs, means and circumstances".

Putting funds in trust may cause serious problems with maintenance enforcement authorities, credit ratings, etc.

Question:   My ex-husband and I separated almost 10 years ago and divorced 2 years later.  We share custody of our 2 children ages 13  14 with the kids living primarily with me.  He has recently remarried and cut-off child support and has broken down all communication with me.  He often skips his weekends for pickups and has ceased calling the boys on the phone.  He has no communication with them whatsoever.  I have recently hired a lawyer to represent me to regain the child support I once received as well as seeking full custody of the children.  Do I have a leg to stand on with him?  I have always been very co-operative with him and allowed him to not show up on his scheduled weekends, therefore having to explain to the kids that Dad was not coming once more. I am at the end of my rope as it seems to be taking a long time to appear before a judge.  He recently cancelled a court date that we have been waiting for for 4 months, saying he is out of the country on business .  I must add that in this process he has claimed that he has had no income and no job.  Do you think that this will work out for me?

Answer:   There are numerous issues raised.

Child Support
The enforcement of a previous court order or agreement for child support is done at no cost by the Provincial Enforcement agency. A new order may need to impute an income to the payor.

Custody
Changing the custody status may be preferable, but not necessary.

Access
If the missed visits harm the children emotionally, reduced access and/or terms of notice periods may be appropriate.

Delay
Unfortunately the wheels of justice move very slowly.