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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-20-2006, 05:33 PM
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Default For future reference...a question..

I'm just full of questions lately..what can I say?

My ex works for one of the big 3 car makers..and they rountinely get laid off..now his child support is garnished through FRO. But I'm wondering (as this has happened before) if he were laid off for an extended period of time and arrears accumulated, lets say for a year..is he able to wait that year and then go to court and say 'hey I was laid off a year ago so can I lower my support payments?'

What is the timeline in which someone has to file for financial hardship..and is there a point of no return where the court says 'too bad you should have taken care of this earlier'

This has happened before, where he was laid off for 3yrs and never adjusted the amount of child support and his arrears grew..he didn't much care because he wasn't paying a dime anyways. I talked to my lawyer but she advised that they payee can not go in and ask for a reduction in support..its just not done that way.. I was hoping to finalize things and get the divorce done but the child support and spousal support issues were still outstanding, I was trying to ditch the spousal support he was paying but I wasn't allowed..go figure and since he had no income he couldn't pay his lawyer very often...

I'm probably one of the few ex wives in the world that says 'here I don't want your money, take the kids as often as you like and oh you didn't pay child support for 3 yrs..well lets just nevermind that..oh and by the way would ya finally divorce me?'lol and still it is not finished...7 long long years..sigh..what does a girl have to do?

Anyhow just curious in case this ever comes up again..
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Old 02-20-2006, 07:37 PM
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jlalex,

If you ex is laid off in a permanent fashion, the onus is on him to bring forth a motion to vary the current child/spousal support order. The FRO has no legal power to change an order but only to enforce. Only the courts can change their own orders.

If the layoff is temporarily ie: a few months, he could still bring forth a motion and cite a material change of circumstances. The onus is on him to prove same. However the time it takes to bring forth a motion to vary would include a case conference first and then the subsequent motion may take about 4 months or more. His circumstances may have changed to the better.

In regards to ditching the spousal support order, I am not sure who wouldn't allow you to do same. For a successful spousal claim it is pretty well is no fault and that the payor has to have means and you have need.

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Old 02-20-2006, 07:57 PM
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In regards to the spousal I was granted spousal support of $200/month and the issue was to be revisited after one year. Which was fine, but when he didn't bother seeing his lawyer for a while after the year was up I asked my lawyer if I could submit a motion to end the payments as I no longer wanted the support. I only requested for the one year so I could have a little help getting back on my feet. It was completely to his benefit to go back and revisit the issue as I was more than willing to drop it entirely..but he never bothered.. My lawyer told me that the onus is on him to modify any support orders. I was under the impression that it simply isn't done that the receiver of funds petitions the courts to lessen the amount of support..I guess its not something that happens often
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Old 02-20-2006, 08:04 PM
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Acutally let me correct something, the onus is on him to modify any support orders if he wants to reduce the amount of support.

As for the FRO, in my exerience with them they..well frankly they suck! When he got laid off he of course filed an EI claim...even though I gave them all the information they needed 3 times.. it wasn't till one before his claim ended that they managed to 'catch up' to him (he was one EI for about a year). He's always lived in the same address..all contact info the same..so needless to say I won't be holding my breath when it comes to them.

I think in the 3 years he was unemployed they sent him one letter..
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Old 02-20-2006, 08:05 PM
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Acutally let me correct something, the onus is on him to modify any support orders if he wants to reduce the amount of support.

As for the FRO, in my exerience with them they..well frankly they suck! When he got laid off he of course filed an EI claim...even though I gave them all the information they needed 3 times.. it wasn't till one month before his claim ended that they managed to 'catch up' to him (he was one EI for about a year). He's always lived in the same address..all contact info the same..so needless to say I won't be holding my breath when it comes to them.

I think in the 3 years he was unemployed they sent him one letter..
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