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Proving underemployment and does it help ?

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  • Proving underemployment and does it help ?

    New here and looking for advice on what is likely to happen .

    Legal separation 3 years ago with a written 50 page document that my ex doesn't follow anyways . The only thing that seems to matter to her is that I keep paying her child support . We used the offset method ( big mistake ) since we have joint and equal custody and 50/50 living arrangements.
    I am trying to get it re-written so that we both show a payment to each other . We both work fulltime but I make about 25 % more than she does .

    Over a year ago, ex moves in with boyfriend and rents her house out to a friend for cash . Fearing that I might blow the whistle on her, she regularly takes unpaid time off of work, so now, it doesn't look like her income went up that much .

    I know that if she continued to work fulltime, with the extra rental income, we would both make the same amount so I wouldn't have to pay child support anymore . I still keep paying because I don't want to be labelled a deadbeat dad . I can't get her to give me tax returns or pay for Section 7 expenses or anything else . She refuses to go to arbitration. She thinks I will not spend a lot of money going to court to try to recoup any of it and quite frankly it seems like spend thousands to get hundreds . Doesn't make sense but is this something I will have to do anyways to try to break the cycle ?

    I figure I can ask the courts to get her work to provide me with a list of days she took off unpaid which would prove her will full underemployment.
    Or will they not do that ?
    Or will it not matter ?

    Does anyone here know what would be the likely outcome ?

    Thank you for any assistance

  • #2
    I understand it is the principle of the matter but, truly, how much will no child support save you per month?

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    • #3
      I've never heard of a court order which directs an employer to do anything other than garnishee wages and even that is traditionally done through a maintenance enforcement agency.

      You would have to request full financial disclosure, through normal court process, stipulating pay stubs. If it is a union workplace you might be able to order a copy of the collective agreement which would outline pay scale and seniority.

      Or do nothing and do the "woulda, coulda, shoulda dance" - up to you.

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      • #4
        In Quebec, Judges would impute your ex to full-time income and add the rental income to her total income. That's it, that's all. I have seen judgements where a woman worked 33hrs/week instead of 37.5 so she could work on a stupid side business (it was stupid) and the judge imputed her to 37.5.

        The only thing courts care about is money as well.... not just your ex.

        If she admits working less hours for no good reason she will likely be imputed... but wait till she gets pregnant then ur paying full offset for 2 years buddy..... if she only has one child

        Comment

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