Announcement

Collapse
No announcement yet.

child support amount after loss of employment?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • child support amount after loss of employment?

    What is the general court outcome when a parent has lost their job but also won 50.50 access ?

    I made .ore than mom, and mom wants CS based on my income for when I was employed and hers when she made the least income.

    My lawyer has told me it should be based on current incomes. I'm on E.I.

    Lawyer has also said lots of dad got court and reduce their CS.

    Offset is not a disagreement. Just the amounts .

    I'm also careful for the right wording so both entitled to child tax benefits.
    Last edited by tunnelight; 02-20-2019, 08:39 PM.

  • #2
    We are in same situation and borrowing to pay child support until July 1st when we use previous years income to reset payment amounts.


    Sent from my iPhone using Tapatalk

    Comment


    • #3
      how do you guys reset the amounts? Does FRO do that automatically?

      responsiveness on this site is weak. Quora might be better.

      Comment


      • #4
        Originally posted by tunnelight View Post
        Does FRO do that automatically?
        You can safely assume that FRO will do nothing automatically. This is especially true if the automatic action would help the payor.

        Lawyer has also said lots of dad got court and reduce their CS.
        Lots of dads go to court and walk away with imputed income.

        If you lost your job for a lousy reason (and I've seen some fairly reasonable reasons be seen as unreasonable) expect to be imputed income.

        If you lost your job for a good reason, expect to shortly be imputed income after a bit of time, maybe a few months.


        responsiveness on this site is weak. Quora might be better.
        I love Quora, but finding Canada-specific advice is not trivial, and accuracy is not that great.

        Your question is not easy to answer. I do not recall everyone's specific background story. Imputing income is a bit of a wild west in family court, and as the judges like to say, turns on the specific facts of a given case.

        Comment


        • #5
          gthere's even a forum I found in California for fathers.. very busy forum.. their laws are generally similar to ours.. Ontario learns from and follows their lead, I think Joint custody was manifested from California if I'm not mistaken..

          anyways.

          I was laid off due to restructuring. been applying to jobs and had some interviews. different candidates were chosen to move forward with..

          this loss of employment/material change was 3.5 months ago. I stopped paying FRO 2 months ago per advise of my lawyer. I'm also on Legal Aid Ontatio so the government pays my lawyer and FRO lawyers if they go to court... and my ex's lawyer too as he also on Legal Aid..should be fun to watch LOL. jokes aside, is it unreasonable for me to ask it be imputed based on my EI benefits and moms current income, then it be adjusted once our incomes change again?

          How does a year to year adjustment happen? Do you actually have to go to court a d get a new court order every year? What are we in the 60s? Each parent has to jump on their horse and ride across town? No internet?At least I can do all my EI stuff online...clunky family court crap I tell ya.. and they wonder why we are cutting down so many trees..
          Last edited by tunnelight; 02-21-2019, 01:04 AM.

          Comment


          • #6
            We are in a 50/50 shared access situation. FRO is not involved. We exchange income statements every year and adjust CS amounts according to offset table amounts.




            Sent from my iPhone using Tapatalk

            Comment


            • #7
              Originally posted by tunnelight View Post

              How does a year to year adjustment happen? Do you actually have to go to court a d get a new court order every year? What are we in the 60s? Each parent has to jump on their horse and ride across town? No internet?At least I can do all my EI stuff online...clunky family court crap I tell ya.. and they wonder why we are cutting down so many trees..
              Yup. If the agreement is filed with FRO then every year *even on consent* someone has to head to the courthouse and file forms that take a few weeks (up to two months) to process and be signed by a judge.

              Comment


              • #8
                Originally posted by ross_toronto View Post
                Yup. If the agreement is filed with FRO then every year *even on consent* someone has to head to the courthouse and file forms that take a few weeks (up to two months) to process and be signed by a judge.
                so if the other parent doesn't consent then it never happens?

                basically it it just a basket motion served on the other parent ?

                Comment


                • #9
                  If they donít consent then you do a motion to change. Its a nightmare.

                  Comment

                  Our Divorce Forums
                  Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                  Working...
                  X