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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 07-15-2008, 09:10 AM
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Hi everyone,


I got divorce 3 years ago and i lost the child custody, we have one 7 years daughter. i was unemployed for almost one year, facing it is so hard to get a job, i am thinking do self-employed or go back to school, i paid child support till last month, just wonder if i go back school or do self-employed, i don't have income or don't have enough income to pay child support in a short time,(i would like to pay child support if i have any income) what is going to happen, do i have to go jail or any other kind of penalty? and also i am going to remarried, is that going to effect my child support?


Thanks for your onions.
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Old 07-15-2008, 05:46 PM
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Thats a difficult predicament. If the matter is litigated, the court will want to know why your unemployed and secondly what steps you have taken to secure further employment.


Keep track of all resumes and cover letters distributed to potential employers. The court might support you some leniency in the interim to upgrade your skills but not for very long.

There's not much you can do but attend the court when required and present your side of the story. Cross your T's and dot your I's so to speak.


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Old 07-16-2008, 06:34 AM
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We had a situation where dad was unemployed and unable to meet his CS obligations.

He provided his attempts at gaining employment coupled with local news clipping about the sleek job market in our area (northern Ontario several years back). The judge ordered no CS until employment was gained, arrears were almost removed. Dad was ordered to provide updates on his attempts at employment. And once employment was gained the matter returned to court to re-set CS relative to his income.

Things are not always bad for the paying parent. But he was not granted time to return to school to upgrade. Courts felt he could work and take night classes to augment his skills that way he would be supporting his child. The rules to return to school are not equal for both the receiving and paying parent. The receiving parent is afforded all luxuries of returning to school and all that this means IE extraordinary expenses, or prolonged SS etc. However, the paying parent is expected to maintain CS, and is f they want to return to school they must hold a job while in school so that CS does not lapse.
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Old 07-16-2008, 02:46 PM
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Again the rules will only be applied if the paying parent is dad and receiving parent is mom.

In my case, mom does not need to work nor is she required to look for a job to help me with increasing costs of raising the child. Instead, they asked me to cut back on his (our son) expenses such as incentives, clothing, sports and recreation etc., so that I could make my ex's vacation even more enjoyable.
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Old 07-16-2008, 09:20 PM
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Quote:
Originally Posted by singledad99
Again the rules will only be applied if the paying parent is dad and receiving parent is mom.

In my case, mom does not need to work nor is she required to look for a job to help me with increasing costs of raising the child. Instead, they asked me to cut back on his (our son) expenses such as incentives, clothing, sports and recreation etc., so that I could make my ex's vacation even more enjoyable.

Family law is suppose to be centered on the best interests of the child. However, more times it is full of doubled standards and how it is applied is very dependant on the Judges own particular views. Not to venture of track of the thread, but the individual might be able to upgrade - one example that comes to mind is EI sometimes has programs once regular insurance benefits run out to upgrades ones skills. The court may accept this position for a few months, they may not. Nonetheless, it doesn't hurt to ask! If they refuse then you know your position and what you must do.

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Old 07-17-2008, 06:34 AM
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I think that NCP and CP should be allowed to upgrade. How about night school or something like that?? Then you could still work during the day. Please do not say that it is too much because I hve done it myself and it is all about time management, There are people that take advantage of the situation (women and men) and that will never change unless there are more guidelines put in place regarding this. Then we get into more rules that can be bent or interpreted two different ways. I guess in any type of system there are no black and white areas, just gray.
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