1 (877) 797-9411

Payment as per separation agreement

Posted in Burlington, Location, Ontario, Separation by Questions on March 30, 2014

My ex husband has recently lost his job. He is sill paying me support although its lower then if he had a job. In our seperation agreement he had decided to pay for our children’s activities and the equipment required for the activities (both kids play hockey) he has decided that he won’t be paying for this since he is out of a job and stated that he has decided he won’t be paying for this moving forward even if he has a job. No where in our seperation agreement does it say he would not have to pay if he was out of a job. I feel that my kids should be able to play hockey as they both have been playing for 8 years now and that he should be responsible to pay as per our seperation agreement.

1 Expert Comment

  1. On March 31, 2014 at 8:42 am
    Andrew J. Kania, LL.B., LL.M. said:

    We need to see the Separation Agreement before commenting fully. A Separation Agreement is a contract, and thus as stated we need to see it. The Separation Agreement likely contains clauses allowing the support amounts to be changed based on a reduction of income/material change. That being said, child support is mandatory, so a Court would likely disregard the child support provisions, and Order child support based on the Child Support Guidelines, regardless of what the Separation Agreement says. That amount can then be enforced through the Family Responsibility Office. We can also, if you prefer, register the current Separation Agreement (if it has been properly prepared) with the Family Responsibility Office, who is then supposed to enforce the support amounts noted in it, even if they are now “too high.” Of course, before making any promises, as stated above, we need to read the actual Separation Agreement.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

Leave a Reply

Copyright © 2020 divorce-canada.ca, All Rights Reserved