Can't afford child support
I was living and working in BC,Canada when my relationship ended. During that time I was covering rent, all household bills, and everything the kids needed — effectively acting as the sole financial provider. When my mother had a medical emergency abroad, I had to travel to my home country on approved leave, and my only income during that period was EI. I stopped making any payments to my ex while I was away, and shortly after I was terminated from my job and lost my immigration status in Canada.
My ex then filed a court application for child support. The judge imputed income based on my previous year's earnings, which no longer reflects my reality — my actual income since termination is zero. The arrears are accumulating based on a figure I cannot meet.
I am planning to return to Canada on a work permit, but the financial picture upon return is unworkable. I would be required to pay ongoing support plus accumulated arrears simultaneously, which would leave me unable to cover even basic living expenses. My lawyer recommended a variation application, but the likely outcome is the same — the judge will impute income based on what I previously earned in Canada, treating that as an achievable benchmark regardless of my actual circumstances abroad.
I also applied for a 50/50 parenting arrangement. The court awarded my ex full parenting time with a review scheduled upon my return. She has no incentive to agree to 50/50 because primary parenting time maximizes the government benefits and child support she receives, and the court will likely maintain the current arrangement.
The practical result is that I return to Canada, work, and hand over my entire salary while seeing my children one or two days at most. I am considering relocating to another province where wage garnishment is harder to enforce, just to be able to sustain myself while still contributing reasonable support.
What I actually want is 50/50 parenting. I want to be present for my children and pay support that is fair and sustainable for both households. My ex is not interested in negotiating any arrangement as long as the current financial structure remains in her favour.