child support payments and bankruptcy or proposal in Ontario

Question: I was with my ex for 10 years and we have 2 kids. We were never married. We separated 3 years ago and he gives me child support payments every month. We had a verbal agreement that we put on paper and had stamped by a lawyer about the amount we agreed he would give me. He owes now about 60 000$ he has accumulated over a few years through gambling and he now needs to file for bankrupty or go through a consumer proposal, whichever the trustee figures he should do. My question is: What happens to the child support payments he gives me if he files for bankrupty and is the outcome the same if he files for bankrupty or goes for consumer proposal?

Thank you for all the good information we can find on your site. It is all very helpful.

Answer: Child support payments are not discharged in a bankruptcy or a consumer proposal. Therefore, regardless of which option he chooses, he is still liable to continue making those payments. The amount he is required to pay the trustee in a bankruptcy may be reduced, since the cost of bankruptcy is determined in part by the bankrupt' surplus income, but that would have no impact on you directly.

Labels: bankruptcy Ontario