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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 06-14-2009, 01:11 PM
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Default Determining Child Support - Full or Half Year's Salary?

I'm hoping someone has once faced this situation and can provide some insight...

My husband has been unemployed since October 2008, and collecting EI. A few weeks ago, he secured a salaried full-time position. It is now time to re-adjust his child support.

Is the new amount of CS based on his full "annual salary" or would it be based on only half his annual salary plus EI (January-May) as he began the job only halfway through the year?

If I recall correctly from past court appearances, the new amount of child support is based on the full annual income, regardless of when in the year the payor began working at that salary. Therefore, his new child support amount would be based on the annual salary for his job.

Can someone please confirm if this is correct, or if there is another way of determining child support payments in this circumstance?

Thank you!
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Old 06-14-2009, 03:31 PM
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While it is true that gennerally they would take the full year into account and it would be based on the year past. That make an assumption that the coming year will not change much.

E.I. on the other hand if they have a garnishee from FRO can only take 50% max of any E.I. bennifits. ie: max bennifit of $425wk, they can only take $212wk. Now if the support is less than $848mon they can only take the amount of the actual support. Assuming there are no arrears.

What I would reccommend is a Motion to vary based on a material change. This would look at the unemployed income and only that. The recipiant or you could ask that it be reveiwed after a specified period of time, say 6 month, are you still on E.I. or have you found some work. There are many that have filed and have been sucessful given these hard economic times.
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Old 06-14-2009, 05:34 PM
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My husband filed a motion the day after he lost his job. He got a slight reduction to an amount based on an imputed income because the judge felt the support amount based on my husband's actual EI income wasn't enough. (Why we have guideline tables, I do not know.) It's been 4 months since and my husband has found a job and we're going back to court for re-evaluation of child support. I'm just wondering whether the judge will order him to pay an amount based on my husband's annual income or whether the fact that my husband was out of work for the past 6 months will be taken into consideration.
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Old 06-14-2009, 09:41 PM
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constitution1 replied: One thing you should always keep in mind is the child or children.Haven said that child support is always based on yearly salary,or based or based on suspected salary.This can be a combination of 6 months of E.I. and expected salary of his new employment.
One thing you must keep in mind at all times is that it's a responsibility of both parents to maintain a resonable life style of the children.Sometimes a may meen just having food on the table,or something better.But at all time if the parents are best of enemies this will reflect on the children and in the long term this will have such a great negetive impact on the children,in the long term such as relationships when they grow up.
Take it from me that I had a business making 5 million dollars a years to living on the streets to today within the next six weeks we will be abolishing the Family Responsibility Office to creating and election of the Ontario Premier Donalton McGuinty due to there breaking the Constitution of Canada on 8 counts and facing many criminel charges .
Believe me that all I have gone through is nothing that you are going through.Always keep in mind what's important is the children and the parents are just and avenue to make sure that these children are well kept.
Nobody as ever won in this game call marriage it's about beeing resonable and willing to make the sacrifices that are necessary even if it's one sided.

Last edited by AtALoss; 06-14-2009 at 09:49 PM.
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Old 06-15-2009, 07:48 PM
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In my partners case, CS is always adjusted to reflect the yearly income from the prior tax year.
Sometimes not the greatest way to do it as in one given year you may be paying a higher amount while not necessarily earning the amount that you did the prior year. The benefit is it eventually balances itself out.

I can't remember if your last court ordered adjusted CS back to October. I do know you didn't get the adjustment you had hoped.

It's possible the Judge will take all factors into consideration and set an amount for so many months and then an increase effective on a certain month.

It depends what your asking for as well. Have you laid out a fair CS schedule?
Are you asking it to be reviewed yearly and adjusted?

Congrats to your hubby on his new job. One benefit is salaried jobs don't jump up and down w/OT pay being factored in on some years and then no OT available the next.
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Old 06-17-2009, 07:55 AM
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Sometimes just coming to a monetary agreement, affordable to both sides is the best thing to do, instead of going penny for penny according to his income and CS tables. Perhaps instead of seeking the max according to his income, just talk to him and agree to an amount that is reasonable, thereby, keeping the best interests of the child at heart, things won't get ugly for anyone. Sometimes communication is the best, instead of going for the maximum money.
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Old 06-17-2009, 09:11 AM
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Quote:
Originally Posted by babybluetigger View Post
Sometimes just coming to a monetary agreement, affordable to both sides is the best thing to do, instead of going penny for penny according to his income and CS tables. Perhaps instead of seeking the max according to his income, just talk to him and agree to an amount that is reasonable, thereby, keeping the best interests of the child at heart, things won't get ugly for anyone. Sometimes communication is the best, instead of going for the maximum money.
In a perfect world, that would be best. Unfortunately my stepson's mom has always been a penny pincher and won't let a nickel she feels she is owed go unnoticed. There is no coming to an agreement outside of the guidelines with her. Should we try, she will run to court screaming bloody murder - we know from experience. And we all know how the courts work here. :-(
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