Changing jobs when you’re paying child support

Most people know they can’t simply quit their job when they are paying child support.

But what most people don’t know is that, when they are employed, they have an obligation to also ensure that, if they change employment, it is done reasonably. If not, the payor parent could face repercussions and end up paying child support on the income he or she used to earn as well as high arrears and costs.

Section 19 of the Federal Child Support Guidelines states that a court may impute income if a payor parent is intentionally unemployed or underemployed. Courts in

New Brunswick have defined that “intentional” doesn’t necessarily mean “on purpose” and have adopted the “reasonableness” test: was it reasonable for the payor parent to change jobs? If so, then the payor parent is not intentionally underemployed. If not, then what is the income the Court should impute that parent for the purpose of determining the appropriate amount of child support payable.

Needless to say, if or when a payor parent is faced with the possibility of changing employment for lesser income and they wish to obtain a variation of child support based on the new income, they need to be cognizant that it is not as simple as it looks. If you or someone you know is faced with a similar situation, whether you are the payor parent or the recipient, our advice is: Seek Legal Advice! 

Thanks for reading,

Nathalie

*This article is not to be construed as legal advice. If you require legal advice on this or any topic, please contact us at (506)849-0900 or another family law lawyer near you.

J. Nathalie Thibault Jones, LLB

Nathalie is an experienced legal professional who has focused her career on working with people and trying to help them find solutions that minimize the impact of divorce on their families. She is passionate about collaborative law and how it can improve the process for her clients. Collaborative law can significantly reduce the time, cost and strain of going through a divorce and Nathalie is one of the few experts in this approach currently practising in Saint John. Although Nathalie is passionate about collaborative law, and has spent several years building her knowledge and practice in this area, her experience is built on a strong, broad foundation of wider legal expertise that includes everything from litigation to wills and estates. Nathalie’s goal is to work with every client to identify the right services and approach for them.

You can learn more about Nathalie at Thibault Jones Collaborative Law website or ...