Did you know that in Quebec, the amount of unpaid child support is nearly $ 188,000,000 according to Statistics Canada?
In fact, when a court orders that a child support must be paid, the Support-payment Collection program usually take charge of the case and collect it directly on the debtor’s wages relative amounts owed as such. However, what about when the paying parent stops receiving a salary and said he is now working “under the table”?
It is possible to prove to the Court that the debtor parent earns undeclared income. While it is more difficult to put in evidence these elements, it is not imposssible. It is also important to know that the court is never required to withhold the amounts recorded in the income statements payor parent. In fact, according to Article 825.12 of the Code of Civil Procedure, if the information that appear in the form or the prescribed documents are incomplete or disputed, or in any case where it considers it necessary, the court may supplement and establish there the income of a parent. In determining the income of a parent, the court may consider, among other things, the value of the assets of that parent and give them an income deemed appropriate.
You are living a similar situation and want to know what are your options? Do not hesitate to contact us.
Text written by Me Roxane Trudel-Pigeon, Associate Attorney