Will the court reduce child support due to unemployment?

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My ex and I currently have a divorce agreement that stipulates he pays child support. He has since been convicted of dangerous driving and as such lost his job. He indicates that he cannot find a job, although has had two jobs at different times last year and quit his last one as he believed his boss was a "tyrant". Currently he is now on OW and has just served me with papers taking me back to court to stop his child support payments. He has qualified for legal aid, whereas I would not. I continue to work full time although in the past year I have also been diagnosed with MS and the progression of disability is unknown. Will the court reduce child support due to unemployment? Can you tell me if Judges will typically side with undue hardship due to his actions, or will there be an expectation still that he pay support?

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Jennifer M. Long, B.A. J.D.

9 years ago

In your case, it sounds as though your ex is seeking to vary the amount of Table support payable based on his reduced income. However, where a support payor is intentionally under-employed or unemployed, the court may impute an income to the party that the court feels is appropriate, pursuant to subsection 19(1)(a) of the Child Support Guidelines. For example, a court may impute an annual income to an unemployed support payor who is capable of earning at least minimum wage.
You should see a lawyer to discuss his past income, his skills and education, etc. and what a court may do under all circumstances.

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