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Support payments

My common-law spouse and I will be separating shortly. I make $3000 per month. She makes $6000 per month.

We have agreed that she will pay me support payments of $1000 per month. This is a private agreement made through our lawyer, and is not court-ordered.

If this means she can`t afford her other payments and needs to declare bankruptcy, will the trustee consider her income to be $6000 minus $1000 ($5000/m), or would this support payment not count because it is not court-ordered?

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One Response to “Support payments”

Barton Goth GCO Bankruptcy Trustees said...

The support payments will be taken into account as long as she can demonstrate the payments are being made.

There is no requriement in the Bankruptcy and Insolvency Act for these payments to be court ordered, although it can be helpful if a written agreement is drawn up.