Hi Everyone,
Long time reader, first time poster. I found this forum very helpful when I was going through the lengthy court process so thanks to all the contributors here.
I have searched the threads and probably this has been addressed somewhere but I haven't been able to find it here or any definitive answer on the web.
I have a daughter, 6, and we finally came to a court agreement in May of 2016. At this point, my ex had just lost his job so we agreed on a child support amount of $300/month (no spousal support). Our agreement states that: "Within 30 days of obtaining employment the Respondent shall advise the Applicant and child support shall be recalculated."
He has just let me know that he is now working a new job making $19.67 hourly on a 44 hr week. This would be $45005 a year according to my calculations. However, he wants to pay $318.57/month based on the idea that because 3 months of the year have already passed he will only be making about $36350 based on 42 weeks of work (this doesn't include the 'income' from EI which he failed to include on what will be his gross income for 2017). His income for 2016 of course was much less.
So my question is, with the change in his employment status should he be paying based on his current income, or his anticipated 2017 income with the adjustments for the time spent on EI? The difference between an income of $36350 vs 45005 is $82 a month in support.
Thanks in advance for any help you can offer.
Long time reader, first time poster. I found this forum very helpful when I was going through the lengthy court process so thanks to all the contributors here.
I have searched the threads and probably this has been addressed somewhere but I haven't been able to find it here or any definitive answer on the web.
I have a daughter, 6, and we finally came to a court agreement in May of 2016. At this point, my ex had just lost his job so we agreed on a child support amount of $300/month (no spousal support). Our agreement states that: "Within 30 days of obtaining employment the Respondent shall advise the Applicant and child support shall be recalculated."
He has just let me know that he is now working a new job making $19.67 hourly on a 44 hr week. This would be $45005 a year according to my calculations. However, he wants to pay $318.57/month based on the idea that because 3 months of the year have already passed he will only be making about $36350 based on 42 weeks of work (this doesn't include the 'income' from EI which he failed to include on what will be his gross income for 2017). His income for 2016 of course was much less.
So my question is, with the change in his employment status should he be paying based on his current income, or his anticipated 2017 income with the adjustments for the time spent on EI? The difference between an income of $36350 vs 45005 is $82 a month in support.
Thanks in advance for any help you can offer.
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