Ex quitting job & moving

[LovingMom5]

My STBX who finally just starting paying CS after being court ordered to, has told the children that he is quitting his job and moving to another province where he has no job lined up. I am sure he is doing this to avoid paying CS. Will the court impute a wage on him, and will it be the same as he was earning now? Will FRO be able to go after him in another province? What will happen if he doesn't get a job, or gets a really low paying job, and therefore doesn't have any money for FRO to take? Does anyone have any experience with this? He told the children that they can go visit him by plane, but I won't have any money to pay for that. Will the children be made to go visit him, when he can't be bothered to live near them, or pay support?

[fieldgrey]

Originally Posted by LovingMom5

My STBX who finally just starting paying CS after being court ordered to, has told the children that he is quitting his job and moving to another province where he has no job lined up. I am sure he is doing this to avoid paying CS. Will the court impute a wage on him, and will it be the same as he was earning now? Will FRO be able to go after him in another province? What will happen if he doesn't get a job, or gets a really low paying job, and therefore doesn't have any money for FRO to take? Does anyone have any experience with this? He told the children that they can go visit him by plane, but I won't have any money to pay for that. Will the children be made to go visit him, when he can't be bothered to live near them, or pay support?

There are a few pieces to this:

1. if there is a court order he cannot escape that just by quitting. The order stands until it is varied by a new order. If he tries for a new order he's going to have a long haul to change support including having to involve you as the other party. You'll have your chance to make a case against it, including arguing for imputation.

2. Assuming the court order has been given over to the FRO for enforcement, they can enforce it is many jurisdictions as seen on the FRO website. Enforcement has many steps including asset seizure, liens, suspension of various government documents including driver's license. This will be a long, difficult road for you as you have to ride the FRO's ass to get them to take those steps. He will count on you not doing that work,but you should for your kid's sake. I don't think you have any issues with being 'made' to deliver the children to him. He would need an order for that and at any motion you would have the right to argue against it for various reasons. I suggest you visit FLIC for more assistance.

FG

[beebie]

Iso act can be used or have your order enforced in province he moves to. He will have to make application to change child support and serve it on you. Tell him court will impute income so not to bother moving. Nice to know he cares so much about his kids.

[canadamama]

One of LovingMom5's questions is, "What will happen if he doesn't get a job, or gets a really low paying job, and therefore doesn't have any money for FRO to take?" I have been wondering about this for a while myself, as I am in a similar situation.
Does anyone know?

[NBDad]

It's called being "willfully underemployed". If he historically is able to make a certain level of income based on his skills, training, experience, etc. then the expectation is that he is capable of making that go forward.

Now I will say that there ARE reasons why income may drop given the current state of the economy, so it's not automatic to assume he's be forced to continue to pay at the existing level. That being said he WOULD have to prove to the courts satisfaction that it was circumstances out of his control that led to the decrease in income.

People ARE allowed to move on with their lives, so things like dropping a second job, or taking a lower paying one that only requires 40 hours a week instead of 100 is not unreasonable. If he's sitting on an MBA or something and is flipping burgers at McDonald's then yeah, he's underemployed. If he's moved because he's burned out from working 100 hour weeks and found something that pays less, but is less stress...he's not.

[billm]

Originally Posted by LovingMom5

My STBX who finally just starting paying CS after being court ordered to, has told the children that he is quitting his job and moving to another province where he has no job lined up. I am sure he is doing this to avoid paying CS. ...

I don't believe anyone would quit their job and move to avoid CS, as it simply does not make economic sense - he will suffer more than if he didn't.

His reasons for moving etc, are his, and he has a right to that. His CS should be based on his previous years income, and adjusted yearly, and be at least full time minimum wage if he is not working.

I don't believe in the concept of being underemployed and being imputed a higher income - we should all have a right to work as we see fit, regardless of previous income and potential.

Hard to understand moving away from your kids, it is immoral in my mind.

[winterwolf7]

I wonder if willful underemployment can apply to CPs as well. My ex has been home for 3 years, but now our child is starting school. She should have no reason to stay at home and suck up SS and CS. She has two university degrees and maintains her union membership and registration but simply refuses to work.

SS is a different problem than CS I guess. I'm asking the courts to impute her income to her previous employment amounts since she is more than capable of going back to work.

[fieldgrey]

Originally Posted by canadamama

One of LovingMom5's questions is, "What will happen if he doesn't get a job, or gets a really low paying job, and therefore doesn't have any money for FRO to take?" I have been wondering about this for a while myself, as I am in a similar situation.
Does anyone know?

If there is no income, then the next step is seizure and sale of payor's assets, any government funds or tax refunds, and so forth. The liabilities will also pile up on his credit report and ruin his credit.

Bear in mind that all of this happens only if the payee pushes and stays on top of the FRO's active enforcement.

The law is composed this way to tell the payor that paying is better than trying to duck the law - the payor will be ruined. Ultimately the final destination can be jail for the payor. However, if the payor wants to 'go underground' there is nothing that can be done about that.

FG