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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 07-21-2015, 03:31 PM
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Default Unpaid sick leave or EI affects support payments?

Are there any provisions for lowering child/spousal support in instances where a person is not receiving income because of unpaid sick leave?
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Old 07-21-2015, 03:40 PM
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Your CS is supposed to be reflective of your current income. If you get a raise the day after you change cs based on income tax, youre supposed to up it immediately. If you lose a job you lower it. However, lowering cs is not easy if your ex doesnt agree. They can file with FRO or MEP whatever order they have and then you have to get a new order.

How reasonable is your ex to agree to the change now rather than when your income tax is filed?
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Old 07-21-2015, 03:52 PM
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Quote:
Originally Posted by rockscan View Post
Your CS is supposed to be reflective of your current income. If you get a raise the day after you change cs based on income tax, youre supposed to up it immediately. If you lose a job you lower it. However, lowering cs is not easy if your ex doesnt agree. They can file with FRO or MEP whatever order they have and then you have to get a new order.

How reasonable is your ex to agree to the change now rather than when your income tax is filed?
Very unlikely from our past interactions.
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Old 07-21-2015, 03:59 PM
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Then you may have to either wait it out until next years taxes or reduce it now and suffer the wrath.
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Old 07-21-2015, 04:00 PM
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My brother in law had a sales job where he was consistently making mid 100k's. His breakup was messy, and he lost his job, his brother died just after the breakup, and he had a nervous breakdown. His 2014 NOA came in at 24k. His ex fought tooth and nail, but the court lowered his support from $2800/mo to $700/mo for 2 kids.

Because his breakup put him in a negative light in a small community it was ruled he likely would not be able to step into the same type of sales job.

As an aside my temp order for support indicates that if I were to change employment or positions, my support can be adjusted immediately, based on new salary. I have 30 days to disclose a change. The ex and her LAO lawyer have indicated that they want to remove that clause.
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Old 07-21-2015, 04:08 PM
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My partner lost his job late in 2013 and saw two lawyers who said the same thing about lowering his support but going back and calculating what he should have been paying through 2013 (they had increased when his income went up in 2012). His ex refused to accept it and filed with FRO. Luckily the old order was only a few dollars higher than what he was paying on EI.
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