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Child support set off - when should it be requested ?

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  • Child support set off - when should it be requested ?

    ItQuick background context -custody and access was settled on consent for week about access in July. Some small terms and CS were left outstanding.

    I asked Mom by email, after our consent agreement, that we need to adjust CS based on shared parenting and have exchanged financials.

    Around that same time, I Asked my lawyer to discuss the matter with other lawyer but he had been and didn't get to it.

    3 weeks ago, I was laid off due to lack of work and am on EI. My lawyer advised them that I've lost my job and we need to adjust CS, Although I had asked this be approached by mentioning the shared parenting arrangement as opposed to the loss of employment.

    Her lawyer basically responded her client wants me to pay based on last years income. My lawyer is going to follow up with them and I have asked my lawyer to mention the shared arrangement, and that I would like both of us to pay based on recent incomes. Mom has a new job this year and is doing overtime based on her paystub I have.

    Questions:

    What is my challenge here? Has my lawyered sort of screwed me over by leaving the discussion of CS up until I lost my job? Has he further screwed me over by approaching it as I have lost my job as opposed to the parties are now sharing custody?

    If I continue to pay CS based on latest interim order to FRO.. is that in any way a status quo against me? I tried to enter a payment plan with FRO but they ended up seeking garnishment to my e.i. benefits and suspending license . So I paid to shut them up. Basically.

    Should I try to setup a payment plan with FRO and I'd they do seek to suspend my license I file refraining motion based on needing license to look for work, going back to university to study (requires commute) and for piciking up and dropping off child to school? And Lastly because the matter is before the courts as a motion to change CS pending final resolution?
    Last edited by tunnelight; 12-14-2018, 07:10 PM.

  • #2
    If you're in court now for a motion to change cs and you asked for setoff based on shared custody, then just continue with that. You'll have to maintain your current support payments until a new order is made. I don't think it matters which order you ask it in; your income and setoff would be both dealt with at a motion.

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    • #3
      So the motion to change had CS as a check box.. that mom would pay me . This was based on my claim of sole custody alternative to joint custody. The motion to change has custody and access as the other 2 check boxes.

      I actually don't see any specific request for specifically an offset. Do I need to amend my motion to change before claiming offset?

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      • #4
        I would check with a lawyer, but I think so. You'll need to get permission to amend it to include imputting income. Does your ex work? You asked for child support, but if she doesn't have a proper income then you'll have to ask the court to impute as well. You'll then have to study the 3 part test to impute.

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        • #5
          Why not just impose yourself an inputted income? Anyone can get a minimum wage job.

          Your full-time job right now should be looking for a full-time job. Been there done that

          Comment


          • #6
            Originally posted by kate331 View Post
            Why not just impose yourself an inputted income? Anyone can get a minimum wage job.

            Your full-time job right now should be looking for a full-time job. Been there done that
            It's what I am offering but she wants it based on my higher income. I am receiving maximum EI and that is basically like minimum wage job. I am even prepared to offer imputed income to myself based on my highest salary but I'm asking it must be offset based off both our incomes.

            Trust me it is. I'm even applying for University to complete my Masters.

            It just sucks that I lose my job around the same time I am preparing to claim setoff. Trying to avoid any negative interference the courts may draw against me because I'm dad.

            Comment


            • #7
              Originally posted by StillPaying View Post
              I would check with a lawyer, but I think so. You'll need to get permission to amend it to include imputting income. Does your ex work? You asked for child support, but if she doesn't have a proper income then you'll have to ask the court to impute as well. You'll then have to study the 3 part test to impute.
              She earns minimum wage with some overtime.

              Comment

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