Do Child Support Cheques Not in My Name Count as Surplus Income?

May 28th, 2014 by Questions

Do child support cheques not in my name count as surplus income? My ex spouse sends child support cheques to my house in my child’s name. Does this count as surplus income if I declare bankruptcy? Technically legally speaking if the check is not in my name it is not part of my income. If I gave you a lottery ticket with someone else’s name on it and it wins you cannot claim the winnings right?

Posted from: Ontario


One Response to “Do Child Support Cheques Not in My Name Count as Surplus Income?”

, Jillian Taylor-Mancusi, Trustee | B.A. | C.I.R.P said:

If the court order requiring child support to be paid directs it to be paid to the child it could be held to be the child’s money, (this would be very unusual). If it directs the child support to be paid to the mother it forms part of her income. This is consistent with Section 68(2) of the Bankruptcy and Insolvency Act. The Bankruptcy and Insolvency Act allows provisions for mediation. Section 68(6) allows for a mediation process where the bankrupt does not agree with the position taken by the trustee with respect to the bankrupt’s ability to pay.

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