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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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  #21 (permalink)  
Old 04-26-2017, 03:44 PM
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I fought tooth and nail to not have SS tied to my salary. To have it so would have been emotionally devastating.

As well, the last two years of my marriage, I got some good bonuses so my salary was high. Now I have to pay based on that high salary indefinitely. Yes, I am a wage slave. If I ever lost my job and couldn't find one that paid as well, my viable options would be to leave the country or become homeless.
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Old 04-26-2017, 07:33 PM
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is ss tied to income? does it have to change when your income changes?

for me the increased salary even after an increase in child supported and tax still resulted in more money at end of month. and even higher increases and better opportunities.

would you still not take home more money at the end of it all?

can't you take the job and just adjust cs next year?
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Old 04-27-2017, 10:57 AM
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Quote:
Originally Posted by trinton View Post
is ss tied to income? does it have to change when your income changes?
SS doesn't have to be tied to income but it is quite common. At least, both the lawyers I worked with during my separation weren't surprised that my ex was pushing for something like this. They had both seen it before.

I did quite a bit of research on CanLii as well and the cases were a mixed bag as to who won when an ex went after their ex to get increased in SS post separation.
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  #24 (permalink)  
Old 04-27-2017, 02:21 PM
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Quote:
Originally Posted by Canadaguy View Post
Would love to see a court case that forces a dad (or mom for that matter) to still pay CS when they have no income.
https://www.canlii.org/en/on/onsc/do...3onsc1997.html

Quote:

57. In Khentov v. Bieler 2007 CarswellOnt 1832 (S.C.J.) Justice Czutrin found that the payor’s incarceration did not justify altering child support arrangements.
Does "in jail" count?


Quote:
58. In Baldini (Connolly) v. Baldini (1999) 1999 CanLII 6717 (BC SC), 46 R.F.L. (4th) 407 (B.C.S.C.), the court imputed income to the payor because he had been fired for doing personal work on company time and using company material without permission. The court found that the consequences of the payor’s actions should be borne by him and not by his dependants.
Fired? Still owe CS.

Quote:
59. I find the Applicant is solely responsible for the financial difficulties he now submits as the basis for significantly reducing his support obligations. ...But why should the Respondent and her children share any portion of that pain? Why should a support recipient suffer from a payor’s misconduct?
If you get fired, that's your fault. In an intact family, kids would suffer. Once you are divorced though, the kids get insulated from that nonsense.

There are many many more cases like this, I just did a 30 second canlii search.
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Old 05-02-2017, 08:35 PM
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Quote:
Originally Posted by Janus View Post
There are many many more cases like this, I just did a 30 second canlii search.
Great search Janis! Thank-you for the information. I was look for this type of case law due to my ex's under-employment. Find any other like this send em my way.
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Old 05-03-2017, 02:21 PM
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Quote:
Originally Posted by Canadaguy View Post
Great search Janis! Thank-you for the information. I was look for this type of case law due to my ex's under-employment. Find any other like this send em my way.
Did you miss the part where I said it was a 30 second search? You seem like a capable individual, I have faith in your abilities.
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  #27 (permalink)  
Old 05-03-2017, 02:40 PM
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they don't need to send you to jail. you're a prisoner the moment they give custody to the other parent and give you every-other-weekend-screw-job-to-dad-access

Last edited by trinton; 05-03-2017 at 02:43 PM.
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