Question: My ex and I have signed agreement through a mediator for me to pay her 250 a month in child support. I am currently in my 3rd month of bankruptcy in Toronto and cannot afford the support payments and falling behind on my bills. What should I do?
Answer: You are in a very difficult position. You should follow the following approach.
First, take a close look at your monthly budget and cut your monthly expenses by as much as possible. Eliminate all unnecessary expenses, such as cable TV, eating out, and anything else that can be cut. You must get your expenses down as low as possible.
Second, talk to your family and friends to see if anyone can help you meet your expenses.
Your goal is to stay current with your monthly living expenses, your child support payments, and your bankruptcy payment. If you fall behind on child support the FRO has the power to suspend your driver’s license and garnishee wages. If you fall behind on your bankruptcy payments and you don’t get caught up your bankruptcy period will be extending, increasing the cost of the bankruptcy.
If these steps do not allow you to get caught up, you should discuss your child support situation with your ex wife, or with your lawyer. At the very least making partial payments may keep you from getting too far behind.
You should also discuss your situation with your bankruptcy trustee. If you will be falling behind on your payments your trustee will be more willing to work with you if they understand your situation, and if you keep them informed. They can explain in more detail all of your options.
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