My income is seriously decreased. I can’t make my payments. What can I do?

You may bring an application to vary an existing order, if there is an order in place, so that the payments are adjusted to match the table amounts that best reflect your current economic situation.

If the table amount however is still too high and you are still unable to make your payments then under s. 10 of the CSG you may make a claim for undue hardship. The result of finding that undue hardship exists is that the judges can deviate from the table amount and order an amount that is lower. However, you should be aware of the fact that the standard for undue hardship is very high and the only time it will be found is when the standards of living test in s. 10(4) (and found in Schedule II) is satisfied showing that the household of the parent claiming hardship has a lower standard of living than the other household. Or, if there is an agreement in place dictating the amount that is to be paid for support then you and your former spouse may agree to change the arrangement accordingly.

Ensure that the new agreement is filed with the FRO so that the payments may be enforced if necessary.