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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #11 (permalink)  
Old 01-11-2017, 01:07 PM
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I would tend to disagree Janus... if mom cannot pay rent or utilities or daycare because dad isn't contributing how do you see that to be in the best interest of the children?

Dad is most likely collecting ei, not that he is admitting that to mom, dad also had a lot of savings, which of course were not split because they were common law. I have my doubts Dad is suffering due to his savings. Mom doesn't really want to go to court over this, the question was more regarding is CS payable for Jan if dad starts back to work in Feb, even though he was laid off for the month of Jan?


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  #12 (permalink)  
Old 01-11-2017, 01:25 PM
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Trust me. No one likes to deal with child support issues. And that includes FRO.

Did he quit his job, get fired, or laid off?

Is he intentionally unemployed?

If she got fired or is intentionally unemployed, he better find a new job because he is expected to pay the same amount. If he got laid off, he can reduce CS until he find's a new job.

You're just going to have to take a break on tanning and getting your nails done for some time.

Why not forget about daycare and give him the opportunity to spend more time with his children now that he is out of work? Truth be told.

Last edited by trinton; 01-11-2017 at 01:28 PM.
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Old 01-11-2017, 01:34 PM
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I am certainly no expert, but it seems to me that if regular layoffs are part of his job then his annual income reflects that. Logic to me dictates that if CS is based off of his last year's income, then that is the proper amount to pay each month including the month or months he is laid off.
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Old 01-11-2017, 01:59 PM
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Quote:
Originally Posted by PeacefulMoments View Post
I am certainly no expert, but it seems to me that if regular layoffs are part of his job then his annual income reflects that. Logic to me dictates that if CS is based off of his last year's income, then that is the proper amount to pay each month including the month or months he is laid off.
unemployment insurance pays less than what he would normally get paid.
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Old 01-11-2017, 02:09 PM
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Quote:
Originally Posted by trinton View Post
unemployment insurance pays less than what he would normally get paid.
Yes, but what I meant is that his total annual income includes both the working income and the unemployment. This has been a regular occurrence for many years. This means that the CS if based off of that number is an average if you will, of the income for the year including the period of lower income from EI. So by my logic (not necessarily correct lol) that means the CS should be the same each month when based off of that complete annual income.
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Old 01-11-2017, 02:27 PM
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He got himself in trouble at work and is now suffering. Plus hes not disclosing his EI income.

Mom needs to send him notice that she will be filing with a maintenance agency if he doesnt pay his required cs payment.

If he was legit about it then he would provide proof. My partner did this regarding his income when he lost his job. His responsibility under the FCSG is to advise of any income changes (her too) and adjust cs accordingly. He hasnt provided proof of his income change or any plans for ongoing income updates. File with a maintenance agency and let him figure it out.

When she does file, put in his portion of daycare costs. Its a legitimate s7 for her to work and he refused to take the kids. His EI will be garnished accordingly.
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Old 01-11-2017, 03:38 PM
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Quote:
Originally Posted by trinton View Post
Trust me. No one likes to deal with child support issues. And that includes FRO.

Did he quit his job, get fired, or laid off?

Is he intentionally unemployed?

If she got fired or is intentionally unemployed, he better find a new job because he is expected to pay the same amount. If he got laid off, he can reduce CS until he find's a new job.

You're just going to have to take a break on tanning and getting your nails done for some time.

Why not forget about daycare and give him the opportunity to spend more time with his children now that he is out of work? Truth be told.


You really should read the threads before commenting but since you don't I will respond to your post so maybe you will get it.

He got laid off like he does every year during the holidays. Difference being he hasn't been called back yet unlike other years. This may be due to his HR disciplinary action that happened before the holidays.

Mom doesn't get her nails done and her hair is done for free by a friend so nice try.

Dad WAS given the opportunity to take his children during the week rather than them go to daycare and HE refused. But he also refused to pay for day care because he doesn't need it. So mom had to pay for daycare so she can work while dad is doing whatever he is while laid off.


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Old 01-11-2017, 03:44 PM
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Quote:
Originally Posted by Berner_Faith View Post
You really should read the threads before commenting but since you don't I will respond to your post so maybe you will get it.

He got laid off like he does every year during the holidays. Difference being he hasn't been called back yet unlike other years. This may be due to his HR disciplinary action that happened before the holidays.

Mom doesn't get her nails done and her hair is done for free by a friend so nice try.

Dad WAS given the opportunity to take his children during the week rather than them go to daycare and HE refused. But he also refused to pay for day care because he doesn't need it. So mom had to pay for daycare so she can work while dad is doing whatever he is while laid off.


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Sounds like he's going through a hard time. Getting the collection agency after him to garnish his unemployment doesn't sound like an overly human thing to do. What, he's expected to live in the streets?

What is his side of the story? There is always 2 sides to every story. Sometimes 3, 3rd one being the truth.
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Old 01-11-2017, 04:01 PM
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No, he's expected to be a responsible parent. If he's unexpectedly out of work, he can arrange payment plans with his ex or with a maintenance enforcement agency. He needs to deal with the fact that he's low on money yet also has responsibilities to his kids, but it sounds like he's mainly just sending mom poor-me emails.
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  #20 (permalink)  
Old 01-11-2017, 04:18 PM
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Quote:
Originally Posted by stripes View Post
No, he's expected to be a responsible parent. If he's unexpectedly out of work, he can arrange payment plans with his ex or with a maintenance enforcement agency. He needs to deal with the fact that he's low on money yet also has responsibilities to his kids, but it sounds like he's mainly just sending mom poor-me emails.
Perhaps he's frustrated with the situation and is under a great amount of stress. Why not give him some breathing room and time as opposed to harassing him for child support the second he loses his job? Show some empathy people. You have any idea how devastating it can be to a person to lose your job or your home? And on top of that having your ex stinging your feet? It's crazy what people do to each other for money. He doesn't have a job he can't give you his hard earned money any more. Go learn a thing or two about independence. Grow up. You child is not going to suffer by not having child support for a couple months.

Last edited by trinton; 01-11-2017 at 04:20 PM.
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