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I have been served with an application to appear in court as my ex has applied to have his Child Support terminated retroactive to either November 1 or August 1 of 2024 (as both are on his application). What is the chances this will be granted. He claims undue hardship as he receives disability, however he has been receiving disability since 2015.
That's a good argument if the Child Support Order was made later than 2015 and nothing has changed in his income (although his expenses may have changed). If his household income is less than yours , he may be able to make a case. Be sure to check if his disability income is tax-free and make sure if he pays no income tax on it, that it is grossed up.
17 months ago
Sherry Spence (Edmonton)
He has not provided any information on his disability payments. He only says he receives CPP disability. He states he is receiving this money since 2015, so essentially has had 9 years (since he filed his application in November) to file an application for undue hardship
07 months ago
Sherry Spence (Edmonton)
Yes he would receive less money than me as I work full time. My argument with his application is he is asking for termination of child support not a reduction in his payment, as well as asking for it to be retroactive to 5 months prior to our court date, which is granted will result in me having to pay him back $1500.00, which I cannot afford.
If the previous order was a final order such as a Divorce Judgment, then he'd need to show that there's been a material change in circumstances. If his only argument is that he was on disability, and it was the case back then as well, then that might not be enough. But it's tough to say without knowing more about his argument, the state of his disability funding compared to what was before the courts back then, whether other elements could count as material changes, etc. I recommend that you speak to a lawyer in our direction: https://albertalegal.org/index.php
07 months ago
Sherry Spence (Edmonton)
I would love to talk to a lawyer about my case, unfortunately I cannot afford the legal fees of a lawyer.
07 months ago
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
Everything is very fact dependent here. You would benefit from consulting a lawyer to discuss your specific circumstances and get advice uniquely tailored for you.
Terminating child support is a tough case to make. Reducing it or staying enforcement for a period is more likely in an undue hardship application, with a return to court and review of the situation after a specified time.
Cancelling arrears is often difficult, too. The legal test applied in these cases is threefold: 1) could they have paid when the amount was due? 2) can they pay now? and 3) will they be able to pay in the future? Very rarely can someone say to no to all three of those questions. Maintenance Enforcement will even garnishee CPP pensions after retirement to collect on arrears as a way for the debtor to "pay in the future."
07 months ago
Sherry Spence (Edmonton)
All his arrears have been paid up, other than approximately $67.00. So he just wants to terminate his child support claiming undue hardship, however for his monthly expenses he has that he spends $50.00 a month eating out, $180.00 a month for telephone (which I believe is a cell phone) a $100.00 a month for clothes and $200.00 a month for alcohol tobacco. I don’t know how the courts see these expenses, however eating out and alcohol tobacco are luxuries, so those 2 expenses cut out alone is almost his monthly child support payments.
I think $180.00 is excessive for telephone as is $100.00 a month for clothes for an adult. I could see a couple hundred a few times a year for things like socks and underwear.
07 months ago
Sherry Spence (Edmonton)
I unfortunately am not able to afford a lawyer or this would be my go to direction.
Have you tried the Edmonton Community Legal Clinic? They might be able to give you a free session with a lawyer. There's still so much that we'd need to know to be able to give you a better idea of where you stand.
07 months ago
Sherry Spence (Edmonton)
Unfortunately they denied my request
07 months ago
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