Hi Everyone,
Have a question for a family member.
Common-Law separation, a SA agreement is in place, 50/50 parenting on a 2-2-3 basis. Separation happened in September, have been in separate residences since Nov 1st, which is when CS started.
Dad makes over $100k per year, Mom makes about $45k, Dad paid Mom off set CS for Nov & Dec. At the end of Dec Dad got laid off (he works for a union that usually does lay offs over the Christmas Holidays and he gets laid off almost every year). Dad didn't pay CS for Jan yet as he is laid off. Mom asked if he could make a partial payment or something until he is back to work, Dad refused. He also has refused to pay for day care. Mom asked him if he would watch the children, since he is off, however he refused saying he was helping his Dad out. So Mom had no choice but to put them in daycare so she can work and pay for the whole thing.
Dad has said he will try and double up support in February if he gets back to work. Dad is usually called back by now, however about a month before the lay off, Dad was called into HR, as an email he sent Mom from his work email was very abusive towards Mom and HR flagged this email coming through the server (and no Mom did not go to HR about the email). Mom is starting to think that it is possible Dad may not get called back to work, at this point, due to the HR disciplinary action on his file.
In the event Dad doesn't return to work, Mom is prepared to reduce CS, however she is wondering,
When the material change would take effect? Right away or after a few months and would arrears be owed?
What recourse she has to collect on CS with only a SA written and signed between the two of them? Can the SA be filed with the court even though neither of them used lawyers?
Dad has emailed Mom many times over the past couple weeks saying how all she is doing is trying to reap him of his money, when he gets back to work she can continue reaping him of his hard earned money, etc. It is clear Dad isn't happy about his CS obligations and Mom is worried that even if he is back at work, she may not pay the past month (or however long it takes him to get back to work)
Thanks!
Have a question for a family member.
Common-Law separation, a SA agreement is in place, 50/50 parenting on a 2-2-3 basis. Separation happened in September, have been in separate residences since Nov 1st, which is when CS started.
Dad makes over $100k per year, Mom makes about $45k, Dad paid Mom off set CS for Nov & Dec. At the end of Dec Dad got laid off (he works for a union that usually does lay offs over the Christmas Holidays and he gets laid off almost every year). Dad didn't pay CS for Jan yet as he is laid off. Mom asked if he could make a partial payment or something until he is back to work, Dad refused. He also has refused to pay for day care. Mom asked him if he would watch the children, since he is off, however he refused saying he was helping his Dad out. So Mom had no choice but to put them in daycare so she can work and pay for the whole thing.
Dad has said he will try and double up support in February if he gets back to work. Dad is usually called back by now, however about a month before the lay off, Dad was called into HR, as an email he sent Mom from his work email was very abusive towards Mom and HR flagged this email coming through the server (and no Mom did not go to HR about the email). Mom is starting to think that it is possible Dad may not get called back to work, at this point, due to the HR disciplinary action on his file.
In the event Dad doesn't return to work, Mom is prepared to reduce CS, however she is wondering,
When the material change would take effect? Right away or after a few months and would arrears be owed?
What recourse she has to collect on CS with only a SA written and signed between the two of them? Can the SA be filed with the court even though neither of them used lawyers?
Dad has emailed Mom many times over the past couple weeks saying how all she is doing is trying to reap him of his money, when he gets back to work she can continue reaping him of his hard earned money, etc. It is clear Dad isn't happy about his CS obligations and Mom is worried that even if he is back at work, she may not pay the past month (or however long it takes him to get back to work)
Thanks!
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