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  • Question about Temporary increase

    Hello, I am writing to see if anyone knows if it is possible to get a temporary increase in Child support if I go off work on sick leave?? My doctor wants to pull me off work due to stress, and since my employer doesnt offer benefits as its a maternity leave position, I will be on EI for 15 weeks. Can I ask a judge for a tempory increased based on my new income for the 15 weeks and then return to the amount currently being paid?? And if so, how do i do that??

  • #2
    Not sure I follow you.

    You want someone to pay a higher amount of child support to you because your doctors says you can't work?

    My appologies if I read this wrong.

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    • #3
      That sounds bad.... No that is not what I want, but IF I went off on Doctors orders, my income would drop to 55% of what is now for the next 15 weeks. I was asking if I could file a temporary ammendment for the 15 weeks?? He fights me on everything, and if you read my previous posts you would understand why I am being taken off work.

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      • #4
        no experience with this, but since CS is based (mostly) on the payor's income, a change in yours, I don't believe, would be a reason to change it....

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        • #5
          Originally posted by baclayton View Post
          That sounds bad.... No that is not what I want, but IF I went off on Doctors orders, my income would drop to 55% of what is now for the next 15 weeks. I was asking if I could file a temporary ammendment for the 15 weeks?? He fights me on everything, and if you read my previous posts you would understand why I am being taken off work.
          I've read some of your previous posts. I think most of us on this site understand the stress of a non-cooperating ex.

          Be carefull asking for your ex to pay more child support (even temporarily as you state). If he's already paying table amounts, it's not going to increase. Furthermore, if he's really as "slimy" as you've described him in previous posts, whats to say that he would file to have more access to the children as youmay be too stressed to take care of them? I'm not saying that's the case, just playing devils advocate.

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          • #6
            I should have mentioned that it is a shared arrangement so it is offset.

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            • #7
              If you use the offset method, then your reduced income will show up in your income taxes for the year and will get taken into account for the following year's CS calculations.

              Advantage of offset system: fairness.
              Disadvantage: behind by a year in following income changes

              Depending on how well you get along with your ex, you could propose that the changes take place now, when you'll need the money more, but if he argues, you're going to be off EI and back to work by the time a court motion is done.

              Will daycare costs be reduced due to you being more available to the children while off work? Maybe reduced section 7 expenses can make up the difference.

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              • #8
                How and when do you adjust CS? Yearly? If so, then your short term drop in pay will eventually be handled.

                You can't go to court - the cost is too great to force him. If at least one of you uses a lawyer, there will be no benefit to your kids as the amount spent on lawyers will be lost.

                55% reduction in pay for four months and considering offset - how much CS change will that be anyway? Not enough to justify court action.

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                • #9
                  we are still in court. Next date is April 11th.

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                  • #10
                    What is the current CS amount based on?

                    Has it been adjusted? Is it going to be adjusted?

                    Offset CS should be based on the income of the parents, adjusted periodically.

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                    • #11
                      i would love more than anything to go on stress leave because of my massive amount of stress due to the custody/access issues. BUT, i have to work, so i can pay child support and support my "family". No judge is going to give me a break, so what right do you have to ask for more? You don't think your ex is under stress too?

                      Sorry if I sound harsh, but people lose their jobs & health everyday from the stress of divorce. I don't see how you think it's right to ask for more money from your ex because you want to go on stress leave?

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                      • #12
                        I don't care if my ex takes stress leave and I subsequently have to pay more CS.

                        Who am I to control her life? As long as her income is reported accurately and she is not be supported by someone else - how much she works is up to her.

                        The OP would suffer much more financially by taking a pay cut.

                        You raise your kids in proportion to actual income. Otherwise, stay out of each other's business is my view.

                        Now SS, that would be different.

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                        • #13
                          My ex took three months unpaid leave for what he claimed was stress and decided unilaterally not to pay any court ordered child and spousal support during that period. (During the stress leave, he was well enough to travel from Ontario to speak at a conference in Alberta...but to fair it might have provided him some stress relief

                          Unfortunately, he didn't give us any warning about this unpaid leave, so it wasn't until half way through the month that we realized support was not going to be paid. Our income dropped significantly. We were left struggling to pay for rent, groceries and for utilities. If we had been an intact family, he would have made financial arrangements to ensure we could still pay the bills etc before taking leave. But given that the children were living with me, in his mind he had no reason to worry about supporting the children financially.

                          It was a learning experience for me not to depend on Child Support to be there every month and to make sure that there was enough money/credit available to pay for the basic living expenses if for whatever reason he decided to do this again.

                          Wish I could take stress leave. I can not afford to get sick, depressed or take a vacation at the moment.

                          In response to the original poster I would wait for everything to adjust itself next year.
                          Last edited by Nadia; 03-26-2012, 11:06 PM.

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                          • #14
                            After my GF finally took my advice last year and got the MEO to deal with her loser ex refusing to pay CS she says it's one of the best things she ever did.
                            That stupid asshole is now the proud owner of a $425 wage garnishment every month.

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                            • #15
                              Originally posted by Motorhead168 View Post
                              After my GF finally took my advice last year and got the MEO to deal with her loser ex refusing to pay CS she says it's one of the best things she ever did.
                              That stupid asshole is now the proud owner of a $425 wage garnishment every month.
                              How is that remotely helpful for this poster?

                              OP: If you recalculate CS annually, you should stick to that. It all works out in the end, but if your ex is not cooperative, and you have to go to court to change things, by the time you get into court and pay your legal fees, the increase you would get in CS most likely, would not add up to what you spend... if the shoe was on the other foot how would you feel? Both parents are responsible for their children and your agreement was an offset method, you need to find a way to keep up to your end of the deal, because lets face it, you would not appreciate it if your ex (who obviously pays YOU CS) took a leave from work and the tables were turned and you had to pay them CS.

                              Comment

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