Payment as per separation agreement

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 Douglas Briand for a free consultation).