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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 01-09-2006, 10:37 AM
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Default Rules for Child Support during Unemployment?

Does anyone know the rules with regard to paying child support during a time of temporary unemployment. My ex-husband is currently paying child support but has informed me that he is going to be on an 'indefinite layoff' from work and wants to know what 'we' could do know that his income will be reduced to almost half while only collecting employment insurance.
I'd like to help him out, I just don't know what the right course of action is.
Any insight is appreciated.
Thank you.
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Old 01-14-2006, 05:14 PM
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Unhappy Unemployed also

I was also recently unemployed with overwelming debt and a huge support responsibility. I am very interested to know what my options are; my X is extremely unsympathetic. I can't sleep at night and fear the worst.
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Old 01-18-2006, 08:50 AM
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Cool unemployed

First of all jennw, it is nice to see that you are willing to help him out during the situation. It's sounds like you and your ex-husband are on good terms, which is great when there are kids involved..

As for your options I am not to sure, If it's a court ordered support payment and there is a court order in place the two of you may still be able to agree to a lower amount while he is layed-off, and then resume to the regular amount when he returns to work. I think if the support is being inforced by FRO, and you do decide on a lower amount FRO would likely have to be notified. If they see he is not paying the required amount of Support as ordered, they likely would start enforcement actions on your ex-husband.

Like I said I'm really not sure about the legal options available.The above is only my opinion.
I know when my Common law husband was out of work for a year, his ex-wife would not agree to a reduction and nothing changed with his support obligation. We are still in debt from then, it's been almost 3 years now.
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Old 01-18-2006, 10:23 AM
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unemployment does occur to everyone.

The onus is on the payor to bring a motion to vary the current support order before the courts. They would have to prove through no fault of their own they have been unemployed and are actively seeking employment etc. The courts may not accept this as a viable excuse.

FRO have no legal capacity to change the amount of a support order. They can only enforce the order that was made by the courts.
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Old 01-24-2006, 05:00 AM
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So what happens if they can no longer make the payments whilst unemployed, and are unable to get a job?
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Old 01-24-2006, 09:43 AM
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Julie,

If there is a court in effect in regards to child support, the onus is on the payor to bring forth a motion to vary the support order if a material change has occurred. The court has the only authority to change theri own order. If they fail to do so, they are still obligated in paying the support according to the order.

If payments aren't being made, this would be considered arrears. If the FRO is involved they will eventually take action and take collective measures aginst the payor.

The FRO has no power to change an order, however they have power to negotiate a payment scheme for arrears.
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Old 01-24-2006, 10:07 AM
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Quote:
Originally Posted by logicalvelocity
Julie,

If there is a court in effect in regards to child support, the onus is on the payor to bring forth a motion to vary the support order if a material change has occurred. The court has the only authority to change theri own order. If they fail to do so, they are still obligated in paying the support according to the order.

If payments aren't being made, this would be considered arrears. If the FRO is involved they will eventually take action and take collective measures aginst the payor.

The FRO has no power to change an order, however they have power to negotiate a payment scheme for arrears.
LV,

So theoretically, could one not have their lawyer make provisions for this condition should it occur in their seperation agreement? If so, it just goes to show there are many road to ones destination ... and as my friend always said "Try to be 3 step ahead" or in other words, clearly dictate what happens if certain conditions arise.

Hubby
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Old 01-24-2006, 10:19 AM
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Hubby,

That would be very difficult to do and to allot for ones future destiny.

However,
I think you could have something in place such as a clause in a separation agreement that dealt with a material change of ones income. Example, payable child support to be reviewed at the request of either party etc.

The courts may not incorporate such language in their own orders as the process is in place to vary child support orders if a material change were to occur.
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