Let’s face it: the economy is still in a slump and many remain laid off. What happens if you lose your job and can no longer afford child support?

Make no mistake: your obligation to pay child support doesn’t go away because you are no longer employed. The Family Responsibility Office (FRO) cannot vary or reduce the amounts of child support payable. The child support in arrears will grow once the payments have ceased. If you have a significant amount of child support owing in arrears, the FRO may impose sanctions such as suspending your driver’s licence.

In Ontario to reduce the child support payable, you must obtain a court order. It may be obtained through a Motion to Change Final Order.

In support of your motion, you should provide compelling evidence in demonstrating that your financial situation has changed. For example, the following information may be helpful:

• Record of Employment (ROE) from your last employment
• A detailed record of your job search attempts
• Interviews that you have attended
• Employment Insurance (EI) stubs
• Income tax returns, notices of assessment, and any attachment for the past three years

If the judge is not convinced that you’ve done your best to get a new job, your motion may be dismissed. If so, you remain obliged to pay the original amount of child support.

Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.