Getting a job

[LovingMom5]

Will a stay at home mom of 5 school-aged kids in Ontario, the youngest being 5 years old, who has been at home with them for the last 15 years, and who's husband left, be made by the courts to go out and get a job right now? Will a judge look poorly upon this mom if she isn't getting any new training right now while in the midst of her divorce, taking care of all 5 kids, and fighting the husband for child support which isn't coming? When would the courts expect me to be working, especially if I have medical issues with my hands preventing me from working well with my hands? Not sure how I would fit training in right now, let alone a job. I've received differing legal advice. Help!

[Mess]

No, the courts won't make you go out and get a job. Note: No one can force you to get a job or work, that is called slavery. Maybe I am not understanding your choice of words, but you can't be forced into anything like that.

The worst that can happen is that you could be imputed a wage, probably minimum wage since you have been home for 15 years, and this amount would be used to calculate the percentage of section 7 children's expenses (not all expenses, but things like daycare or sports teams) that you each pay. Your ex will likely be found to have to pay spousal support, and he may have this minimum income imputed into the calculations.

Please understand, I'm describing a worst case situation, and with a 5 year old, it's unlikely you would be imputed a full time wage. That said, the courts don't like to see people claiming 0 income either, but you are certainly at the extreme end there.

You should be receiving child support for all 5 kids, calcualted according to your ex's income. Then after support is taken off, and taxes and other deductions, and support is added to your income, they would calculate spousal support to bring you further up to 45% of his income. With a very high child support payment, there might be a very low spousal support payment, just from the math.

A court would probably include at least a small amount of spousal support just to establish entitlement, and then years later when the children have left home you may still be entitled to an increased amount of spousal (due to less or no child support). This remains to be seen, but you would probably get a result like that.

In a mediated or negotiated solution, you might take a higher portion of spousal and less child support, for the same total, so that your ex would receive a tax credit for the spousal payment. Whatever your personal feelings, this is a common sort of negotiated deal.

I have no idea where got legal advice that said the courts would ever force you to work. If that was a lawyer, they must have specialized in real estate or something.