Question: I am behind in my child support payments due to lack of work. I love my kids dearly, but I am simply unable to make the payments and could face jail time. If I file bankruptcy or even a consumer proposal, does the outstanding amount disappear or can you negotiate with FRO to accept a smaller amount?
Answer: No, child support does not disappear in a bankruptcy or a consumer proposal, and you cannot negotiate with FRO (Family Responsibility Office) to accept a smaller amount. If your income is reduced, in most cases it is necessary to go to court and have the court reduce the amount you are required to pay. With a revised court order FRO will reduce your payments.
In some cases a bankruptcy may still make sense, if it reduces your other debts and therefore frees up enough cash to allow you to get caught up on your support payments.