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Old 11-06-2008, 12:20 PM
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Default revising child support help!


Ok I am not sure if this thread has already been started but new to the site and cant seem to find my way...?
Try to give readers digest version.
Just divorced after three years of fighting!
I have full custody of our two children
Ex was paying child support
Ex just got fired from a job he had for almost 8.5 years
Ex got a huge severance and 8 weeks paid in lieu of notice
ROE says code M which is dismissed but notes in big letters no misconduct
Severance has been paid out to ex bi-weekly and FRO is garnishing as before. While ex off work he has decided to study to be a real estate agent. He will collect EI beginning in Feb and is using that to calculate his new level of support he is offering to pay in child support. He says he will be finished phase 111 of the licensing to be an agent in Ontario but can work and has two years to article to be a fully licensed agent. So as I see it he will be collecting unemployment while building a client base and will be paid commission once he sells a house. He has told me that I either accept the 350/month for the two kids for the first three months then 700 per month after that. In 2009 he will revaluate and it would be up to me to apply for a variane! Once he is off the severance as well his old employer will give him his vested pension. He has two children under 2 with his new spouse and she has a 6 year old from a previous marriage. She is a business owner and a successful one.

Now that you have the background I need some help! If he does file a motion what would be the likely outcome as far as reducing the child support? Thanks for anyone’s help as lawyers have cost me allot and not seeming to get any real concrete answers no one is willing to tell it like it is. I have been tempted to call up and pretend to be in his situation to see what advice he might be getting.
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Old 11-06-2008, 06:40 PM
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Sounds like a material change in circumstance where he will be able to ask for a variation in support by motion, absent your agreement to vary the order.

If his income is down, shouldn't he pay less?

...After re-reading my response the obvious answer is yes. The payments will increase later when he generates commissions from his work.

The potential for income doesn't matter, otherwise a lot of deadbeat custodial parents would have to get off their a**.

Last edited by dadtotheend; 11-06-2008 at 06:44 PM.
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Old 11-06-2008, 09:05 PM
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I would have to agree, if he's making less, he should pay according to his income. It doesn't sound right to me that a NCP should be paying based on an income they are not even making. Life changes, and unfortunately so does the amount of support you should be receiving during those times that he's not making what he made previously. The only advice I can offer you is to try & sit down & budget for what's expected. The point is that you CAN budget for it, because he is paying to begin with. There are a lot of CP such as myself on this site that would give a body part to be able to look towards a payment and plan a budget with that in mind instead of not knowing when or if anything will arrive & how to pay for those boots the kids need for winter, or the fee for a school sport that your child wants to participate in, but you have to scrape together every bit of change you have left to try & allow your child to even be a child. While I understand your side of it, I understand his too. He's right, the onus is on him to apply for the reduction, and you for the increase. No-one said you have to use a lawyer to do it. The forms are freely available online and it takes mere minutes to file them with the court; and whatever time to serve him or his lawyer etc. Incomplete posted thoughts here, but I think you get the idea. Best of luck to you.
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Old 11-06-2008, 10:50 PM
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Quote:
Originally Posted by AndrewsKim View Post
...the onus is on him to apply for the reduction, and you for the increase. No-one said you have to use a lawyer to do it...
Or the both of you could file it together.
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Old 11-10-2008, 10:17 AM
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the cs he is paying this year is based on the income tax return for 2007.....cs for next year is based ont his years tax return to be completed in March......it is not based on he said she said it is federal guideline and you do not have the option of making it less unless you have a variance and proving such a thing is almost impossible......I have been in situation and the ex tried it and judge said unless you live at shelter do not even entertain idea of paying less than table amount. If you receive assessment next year and there is reduction in income then it is up to you & the ex to be adult about it and come to agreement (written or verbal) that the new table amount is X$.......dont do it on he said he was making X$......keep it legal and write it down adn the date you commence such thing........btw with him taking real estate course you know that may mess up your cs anyways......they have unpredictable pay cheques.......one month they may make 20K then nothing for the next 6 months.......food for thought.......you cant enforce order when there is no income
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Old 11-11-2008, 08:43 AM
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He wont agree on an amount thats resonable so I guess off we go!
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Old 11-11-2008, 08:44 AM
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You are so right. He is basing it on what he is going to make not what he made in 2008! He made a whole piel of money! He got is regular pay plus severance of almost 12,000! But he wont see it that way he is very unreasonable in the mean time he is enjoying a very nice life!
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Old 11-11-2008, 04:35 PM
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Just a little confused. You said he just lost his job and his severance is paid bi-weekly. So his income hasn't changed, and as you said his CS is deducted as usual. He can't collect EI until his severance runs out, and he can't apply to change his CS until he collects EI.

You mentioned his vested pension as well. Ideally, he would re-invest that pension. He doesn't have to... he can do what he wants with it. Then it would show as income - for next year, after his severance runs out. If he re-invests it, then it offsets itself and it is not income.

Regardless, he's expected to pay the same amount unless he goes to court to apply for a variance. It's not likely to be allowed though unless he shows a big material change.

I'm curious how you know what code was on his ROE papers, and how much his severance was. There's usually an agreement to not discuss those figures.
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Old 11-11-2008, 07:22 PM
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Quote:
Originally Posted by paris View Post
Just a little confused. You said he just lost his job and his severance is paid bi-weekly. So his income hasn't changed, and as you said his CS is deducted as usual. He can't collect EI until his severance runs out, and he can't apply to change his CS until he collects EI.

You mentioned his vested pension as well. Ideally, he would re-invest that pension. He doesn't have to... he can do what he wants with it. Then it would show as income - for next year, after his severance runs out. If he re-invests it, then it offsets itself and it is not income.

Regardless, he's expected to pay the same amount unless he goes to court to apply for a variance. It's not likely to be allowed though unless he shows a big material change.

I'm curious how you know what code was on his ROE papers, and how much his severance was. There's usually an agreement to not discuss those figures.
.
HI

He faxed me a copy of his ROE! He lost his job over 6 months ago. Called to tell me and have not heard from him since. Then calls to tell me I have to accept 350 per week starting in Feb when his severance runs out then he will pay me 700 a month after the first three months. He will be collecting EI while he finnishes studying to me an agent. Then he expects to be making around 40-60 selling! So his number of 350 is based on the table amount for someone collecting EI at the max. The 700 is for someone making 60,000 for two kids. But he also now has no dental plan and the kids are both in the middle of ortho so guess who has to pay the monthly installments. SO we have gone from 1300 to 350 to 700! I can manage on 800 since one of our children is still in after school care there are extra expenses. He as well was to take the kids for a month this summer and did not so guess who had to fork out for summer camp! Yours truly! And he has not seen the kids in a year! Last time was he was here to go to court! He has two kids with his new partner( we have been appart for three year!) and she has one from a previous marriage! Non of this matters even if she is a sussecful buisiness owner. The courts cant make him be a father and seems he can get himself fired, they tamper with his ROE and I cant get any proof and he gets to walk away! Sorry I do go on!
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Old 11-11-2008, 10:17 PM
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He still can't change the support amount on his own. He has to apply for a variance. Deductions are still coming off his severance, and will be deducted from his EI.

Was the insurance portion for ortho not paid out in full at the beginning of treatment? Did you have a clause for medical coverage for your children in your agreement? If so, he'll have to purchase insurance, or she can cover your children on her health plan.

I don't know why you think his ROE was tampered with, or why it matters.
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