Child Access Costs
I recently received my final divorce decision, in which I am to pay the full costs of access relating to seeing my children in BC three times per year and I reside in ON. The final decision doubled my support payments, and given my current debt load this may force me to declare personal bankruptcy.
I have two questions: 1. When calculating my “surplus income” will these access costs ($15K) be considered?
2. While my bankruptcy is being discharged, is my ex now responsible for paying these costs?
Please advise.
Unfortunately, in my opinion, your “access costs” will not be deductible expenses when determining your obligation to pay surplus income.
In additon, unless the Family Court orders your ex to pay those costs while/if you are an undischarged bankrupt, or they simply agree to pay them they will remain your responsibility.
You might want to discuss this with the lawyer that handled your divorce, but I suspect there won’t be any help for you.