Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 03-12-2014, 09:54 PM
Junior Member
 
Join Date: Mar 2014
Posts: 4
Mom4three is on a distinguished road
Default Parental Leave

Hi Everyone,

I am new to this site and have a question regarding parental leave and how it effects CS.

Obviously a mother is entitled to her 17 weeks mat leave, but when it comes to parental leave and the father takes the leave, instead of the mother, will this have an effect on CS? Whether the mother or father takes the leave, there is going to be a decrease in income for one of them.

Thank you,
Reply With Quote
  #2 (permalink)  
Old 03-12-2014, 11:58 PM
Senior Member
 
Join Date: Mar 2013
Posts: 1,587
Serene is on a distinguished road
Default

My husband took leave without pay after the birth of our last child. It did affect his CS as he had zero income for the time he took off. Somewhere in the family law act there is a clause that states that a parent will not be penalized for the care of a child. Mom wasn't happy about this and was fixated on the amount of time off he took. Note, he did not take his EI entitlement as I made 100% of my income while on maternity and parental leave so it made no sense for him to take either of these benefits. Instead he took time off according to the labour standards act which is "leave without pay" upon the birth of a child. His job was protected as well. It could start at any time within one year after the birth of the child.
Reply With Quote
  #3 (permalink)  
Old 03-13-2014, 01:58 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,567
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Mom4three View Post
Hi Everyone,

I am new to this site and have a question regarding parental leave and how it effects CS.

Obviously a mother is entitled to her 17 weeks mat leave
Just to warn you it is called "pregnancy and parental leave" and not "mat leave". It is 2014 and both parents are entitled to take leave when a child is born as they are both equal parents in the eyes of the law. The "mat leave" you are refering to is "pregnancy leave".

Quote:
New parents have the right to take Parental Leave--unpaid time off work when a baby or child is born or first comes into their care. Birth mothers who took pregnancy leave are entitled to up to 35 weeks' leave. Birth mothers who do not take pregnancy leave and all other new parents are entitled to up to 37 weeks' parental leave.
Pregnancy and Parental Leave | Ministry of Labour

Note the terminology of "new parents" and "pregnancy".

Quote:
Originally Posted by Mom4three View Post
but when it comes to parental leave and the father takes the leave, instead of the mother, will this have an effect on CS?
Again, it is the same for either "sex" of the parent. Even if both parents to the child are female or male or transgendered the sex of the person doesn't change the obligations to CS. (Please see above.)

Quote:
Originally Posted by Mom4three View Post
Whether the mother or father takes the leave, there is going to be a decrease in income for one of them.
1. Depends on who is obligated to pay CS.

2. If the parent who is paying CS takes *parental leave* as a *new parent* then CS will adjust in accordance with the FCSG based on their income.

3. The parent receiving the support will have to live with the fact that the CS payment will be less as a result of the *new parent's* legal right to take 37 weeks leave and receive EI instead.

4. It is just a fact of life and not bound to gender or sexual orientation. The rules apply to all *new parents* regardless of their identified gender or sexual orientation .

Good Luck!
Tayken
Reply With Quote
  #4 (permalink)  
Old 03-13-2014, 09:05 AM
Senior Member
 
Join Date: Apr 2013
Posts: 1,349
Beachnana is on a distinguished road
Default

I am sure it is all very politically correct and appropriate for any new parent to take advantage of parental rights etc and take the leave. How wonderful to spend so much time with your new baby. But I am sure it must be a " thorn in the side" for a recipient to have the CS for your " other " children reduce or stopped because you chose to leave work and spend time with your new family. If that causes financial hardship to your first child/children I am not sure its the " moral" thing to do.
Reply With Quote
  #5 (permalink)  
Old 03-13-2014, 09:27 AM
Senior Member
 
Join Date: Mar 2013
Posts: 1,587
Serene is on a distinguished road
Default

I respectfully disagree with Beachnana. Perhaps moreso because we pay full support and have the children 50 percent of time. And we pay a gazillion extras too... dad's parental leave reduced his income as a result of time off. But mom still got an increase in support voluntarily from dad. At the end of the day, all the kids have more than enough to go around. No one is doing without in our situation. In fact, all the children are quite privileged. And dad got some great bonding time with each one of his kids (note: he took parental leave with them all despite mom being a stay at home). So it was a consistent pattern.
Reply With Quote
  #6 (permalink)  
Old 03-13-2014, 09:39 AM
Senior Member
 
Join Date: Apr 2013
Posts: 1,349
Beachnana is on a distinguished road
Default

My comments were not specific to your situation, which seems as always to be handled with care, dignity and fairness. My comment was more to the general concept of a parent who would take parental leave, reduce income and therefore reduced their CS. I did not say it was wrong nor right choice. I stated it must be hard for the parent of your first child to " swallow". Receiving less CS for existing child so the ex can spend time with the new child.
Reply With Quote
  #7 (permalink)  
Old 03-13-2014, 09:49 AM
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,048
Berner_Faith will become famous soon enough
Default

I have often wondered this too. We read here many times, how ones decision to have more children should not affect the first family, but this seems to be of a different opinion when it comes to parental leave. My partner took the parental leave with both his first two children, as it made more sense financially for him to take the time off. We have discussed this as well about who will take the time off when we add a new child to our family. Financially it would make more sense for him to take the majority of the time off, but we know his ex would not be thrilled with that, even though he took the time off with his first two children.
Reply With Quote
  #8 (permalink)  
Old 03-13-2014, 10:05 AM
Senior Member
 
Join Date: Apr 2013
Posts: 1,349
Beachnana is on a distinguished road
Default

Its not the time taken that creates the problem. Its the reduction in CS which would cause the problem. I guess if the high income earners can afford to continue with the same level of CS, while exercising their parental rights for parental leave, then no one will suffer? For the average wage earner does exercising your parental rights for your new child take away from the rights of your old child?
Reply With Quote
  #9 (permalink)  
Old 03-13-2014, 10:28 AM
Junior Member
 
Join Date: Mar 2014
Posts: 4
Mom4three is on a distinguished road
Default

Thanks everyone for your replies.

I understand both sides of the coin here. When my ex had a new child, he took some time off work, the same as he did with our second child, thus his CS obligations reduced, meaning I ended up paying him CS in our offset situation, when normally he pays me (very minimal). My current husband, also took parental leave with his ex, for a few months. We are expecting a new child, so between us that will be 4 children. My husband has stated he wants to take some time off as well. He also has 50-50 with his ex and pays her CS. If he takes time off, this will obviously reduce the amount he has to pay her. Him and her did not have the easy separation my ex and I did, he fought hard for 50-50 and she was not happy at the time apparently (I wasn't there so I don't really know). Anyways, his obligations would decrease her monthly amount, which she may cause a stir over.

Beachnana- I understand where you are coming from, but is it not the same in an intact family? Him taking time off is also going to reduce our total income, which will also effect all our children, not just his first ones, but my first ones as well. If a mother decided to take all the leave and this reduce her income, the father would be expected to increase his CS obligations in a 50-50 situation, would he not?

As Tayken pointed out (thank you), it is really gender neutral. The only time it becomes a gender issue, is when one parent makes it a gender issue. Both parents have a right to that time with their child, they also have a moral obligations to spend time with that child.
Reply With Quote
  #10 (permalink)  
Old 03-13-2014, 10:30 AM
Senior Member
 
Join Date: Mar 2013
Posts: 1,587
Serene is on a distinguished road
Default

I still disagree with Beachnana. And I did not feel as though your comments were directed at me personally (but thank you for clarifying).

Again, the word "suffer" comes up. I'm not convinced this is "suffering".

And again, if the CS payor is reduced in pay, or comes down with cancer and can't work for a while - are his kids "suffering"?

ALL children have rights. There is somewhat of a two tiered system for children depending if they are first or second family children. But a reduction in CS happens often quite naturally in many families due to life circumstances. Fluctuation in CS is inevitable in most situations. The new kids are deserving too. And if the first children are really "suffering" then call CAS or whatever. But I doubt anyone is going without necessities of life. I find there is an unrealistic sense of entitlement. And for the record the law provides no penalization of a paying parent when taking care of a child. That to me speaks volumes of "children"s rights". Note: it doesn't say "first kid's" rights.
Reply With Quote
Reply

Tags
child support, mat leave, parental leave


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Allegations of child abuse in the context of parental separation: A discussion paper Tayken Domestic Violence 7 08-21-2013 04:29 PM
Section 19: Imputing Income and Parental Leave baldclub Divorce & Family Law 6 12-10-2012 01:13 PM
Parental Alienation LostFather Divorce & Family Law 1 06-28-2010 06:11 PM
Paying cs while on parental leave kassie22 Financial Issues 5 08-28-2008 05:15 PM
Financial income and divorce Unhappyman Divorce & Family Law 8 01-04-2006 12:45 PM


All times are GMT -4. The time now is 08:30 PM.