Motion to Change - Ontario Works Vs Imputed Income

[sahibjee]

Summary of situation:

Ex did not work since 2009-2012 then 2012-2013 a 7-8 months job when judge threatened to impute income to her and then she quit that too.

Nov 2013: Final Sole custody was transferred to me on consent. no order about CS at the time.

Mar 2014; I served ex with motion for CS, she did not respond, did not attend (left the country); Final order imputed minimum wage to ex and ordered CS, set my SS & CS arrears to $0. I emailed her copy of the final court order.

Dec 2014: shows up and asks for access which was given. still did not work and was pregnant with someone's child, delivered July 2015.

Aug 2015: serves me motion to change (Kill all unpaid CS, reinstate arrears) falsely claiming she was not served. She is still on OW so FRO has not enforced the order from Mar 2014

Question: is that allegation of no service sufficient to trigger the motion itself or does she have to prove a better "change in circumstances"? is her being on Ontario Works sufficient to revoke the imputed income? (she has a masters degree btw) Are arrears reinstateable? i couldnt find any caselaw for or against. every situation is unique i guess.

[nfc4ever]

I'm assuming that you have proof of service from the March 2014. Plus I'd imagine that proof of service was filed with the court for the court sessions she did not attend. Both of those should be mentioned in your response.

From community legal education ontario - What about parents on social assistance? | CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
"Payor parents on social assistance are expected to pay child support according to the Child Support Guidelines. The Guidelines do not require support payments from parents whose income is less than about $10,820 a year."

My opinion - Her better option would be to make an undue hardship claim against you, where in her opinion that paying support would put her in dire financial straits. Its one of those compare standard of livings vs incomes things. Assuming that you work, and she's on OW, she could have some success from that perspective.

[sahibjee]

I have affidavit of service along with email to her confirming that I have served her with the documents, the email was never responded to.

Also I agree, a hardship claim would be her best bet but then she will have to justify expenses of plane tickets flying around, getting married and so forth, its not that she doesnt have the means, she stole nearly 40K worth of gold + all the house hold belongings from me and about $150k worth of gold from her first ex, otherwise who could live on OW... she just dosnt want to work and pay CS.