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Job Loss Notification - What is Required?

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  • Job Loss Notification - What is Required?

    My husband pays child support based on an annual salary of the job he just lost. (We were in court one week after he obtained this position, and the judge set child support based on the salary he was offered at this new job, as it was $3,000/annum greater than his 2008 total income, despite him having just been hired and being on probation.)

    Out of courtesy, he notifed the child support recipient that an adjustment in child support would be required, as he has just lost his job and is looking for new employment. The recipient demanded proof, so out of courtesy and in an effort to act amicably, my husband sent her a copy of his letter of termination.

    The recipient is now demanding the ORIGINAL letter of termination as well as the ORIGINAL record of employment.

    What is my husband LEGALLY required to provide in such a situation? If anything at all? We are trying to play nice in an effort to not have to return to court for a re-adjustment. We are hoping to determine a new amount fairly with the recipient. Any advice?

    [To add, the recipient is also demanding child support to be based on our combined household income (Ha!) and detailed records of his job search. Does she have any right to that?]
    Last edited by #1StepMom; 08-19-2009, 03:28 PM.

  • #2
    wow! I don't think she needs the original letters, but maybe you can show her them? That is a little overboard!

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    • #3
      Originally posted by billiechic View Post
      wow! I don't think she needs the original letters, but maybe you can show her them? That is a little overboard!
      We have always provided her with true copies, true scans, true faxes of any document required of my husband to provide her with, and even documents that aren't required. There has never been any issue with falsifying information - there's no reason for that. She has also never demanded orginals in the past, so this is completely new, and my husband is VERY hesitant to provide her with original copies of any of his personal documents. You know what I mean?

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      • #4
        If you want to you can just give her a notarized copy of the original.

        Giving her the orginal is a unreasonable request.

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        • #5
          Originally posted by billm View Post
          If you want to you can just give her a notarized copy of the original.
          Yeah, but that would cost us money to get it notarized, you know what I mean?

          Originally posted by billm View Post
          Giving her the orginal is a unreasonable request.
          Okay, so my husband and I are not the only ones that feel her demands are unreasonable - good to know.

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          • #6
            as long as you are giving her copies of the orginals then that should have been enough. I think this is just another one of her tactics to make you life complicated.

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            • #7
              ...the recipient is also demanding child support to be based on our combined household income (Ha!) and detailed records of his job search. Does she have any right to that?...

              Check the federal child support guidelines. Child support has nothing to do with "new" partners of either parent. You could be a millionaire and it would have no effect on the amount of child support your husband would have to pay. Note the reverse is also true - no matter how much money the ex-wife's new partner might make, it has no effect on how much support she would have to pay.

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              • #8
                If you husband is deliberatly under employed and living off of you or running a business together and nothng in

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                • #9
                  Lulu, neither of those is the case in our situation. My husband is just having a hard time finding a job in his field (financial services) at this time and in this market. He's tried two positions outside his field, but unfortunately with companies that were unreliable and shifty. He left the first company because he felt what they were asking him to do was illegal, and the second company terminated all their employees on the basis of "company reorganization." He's neither deliberately unemployed or underemployed. Just having a difficult time right now, that's all.

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                  • #10
                    Sorry my system went down while typing to you so my response was interrupted. What I wanted to say was a senior member did quote case law to me about this matter. Here is what they said.....

                    My husband’s ex found out that I had a rather significant income and when she learned that we were engaged to be married, she ran to court claiming he had the “ability” to pay, stating that I had a significantly greater income thus logically (her logic) I paid a greater portion to living expenses thus freeing up his “disposable” income. To which she made a claim against for “ability” to pay more, based on her increased “need”.


                    The relevance of the new relationship lies in the financial implications which may flow from it, and how it impacts on the need of the recipient spouse relative to the ability to pay of the paying spouse. (MacLean v. MacLean reflex, (2001), 200 N.S.R. (2d) 34 (SC); Gallant v. Gallant reflex, (2005), 234 N.S.R. (2d) 47 (SC); Ryan v. Hardy [2004] N.S.J. No 467 @ 62; Hubbard v. Hubbard reflex, (1997), 161 N.S.R. (2d) 64 (F.C.)

                    The other thing is the courts most likely wont vary child support temporarily but will take an average of the last three years incomes and set the level of support on that. If he is on EI they will garnish up to 50% of his EI and the arrears will compile while your in court. Also the judge may take into account any investments you/he has that he can cash to pay cs while he is searching for the right job.

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