Calculating CS on limited EI period

[ResponsibleDad]

Hello all,

How is CS calculated when one has been let go from employment and is not going to get 52 weeks worth of EI, in fact then number of weeks they qualify for getting will amount to less than $10,000 which going by the federeal child support tables shows a $0 in support for 2 children or less in Ontario.

Someone has suggested that the courts calculate it instead based on a projection of how much EI you would get if for 52 weeks and that is how much CS you have to pay. Does that sound accurate?

[rockscan]

My partner calculated his income on EI based on what he was "earning" per month (lawyer reviewed and agreed). He only got 40 weeks last year and the remaining two months were filled by two part time jobs (making the same as EI). However, that was for his own calculations. His order is with FRO and that was when he was on EI several years ago. He tracks it for arrears purposes for when he finds a better paying job and needs a MTC.

Ask yourself what you will do when EI ends. Thats how the monthly income comes into play. What your monthly income is on EI x 12 is your income for CS purposes. You could get a job near the end of your EI, at the end, a month after the end which may be higher than EI. Then you have to calculate again and go up.

(For what its worth, all these calculations were told to us by a lawyer. How to average out on an hourly rate job with different hours worked each week when EI ended etc.)

[ResponsibleDad]

Thanks rockscan,

Say I start a new job and the annual salary is $60k. CS table amount is based on that $60k.

Say I lose said job and now my income is EI, let's say $400 a week for 20 weeks, why would CS be calculated x 52 weeks when it is known and disclosed by EI up from you only get 20 weeks of EI income?

When that runs out or if one gets a job before hand then you get a new order based on a new income.

Why would I be paying a monthly amount of CS based on what my EI would be worth over 52 weeks when we know I am not going to get 52 weeks of EI?

[Berner_Faith]

The same reason you pay on what your income might be when you start a new job. When there is a drastic chance in income you usually take the pay stub and figure out the annual income. Just because the new jobs says you should make $60,000 per year, if for some reason its a slow year and you only make $55,000, there is no way to know. You pay off CURRENT income. If your CURRENT income is showing $1600 per month or $19,200 per year you pay off that, once you get a job you update your CS to reflect your CURRENT income.

[nfc4ever]

My friend went from a 140k job to a nervous breakdown, and at his new income of 24k he still pays 700/mo support for 2 kids.

It just took a four hour court session with his ex who believed that he should maintain his 2k per month support.

[rockscan]

If youre being paid $400 a week its $400 times 52 because you need an annual salary. Just because youre only getting 20 weeks of EI doesnt mean anything. Do you mean to say you arent going to do something the remaining 32 weeks of the year? Probably not. You calculate what your CURRENT income is at an annual rate. In 20 weeks you figure out what your next income is.

Are you saying in 20 weeks youre just going to say "yep no income not working see ya"? Youre probably going to be spending those 20 weeks looking for work so at the end youll still have an income.

Youre being paid $400 a week whether its for 20 weeks or 52 weeks.