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no agreement on CS - motion set - imputed income?

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  • no agreement on CS - motion set - imputed income?

    EX originally agreed before judge to no CS because I'm on e.i and she earning 17 an hour, with a clause that we will review in 3 months, but then change her mind when it came to signing the minutes of settlement and after 3 hours of her and her lawyer adding little details here and there.

    her lawyer told my lawyer and I he thinks its reasonable order and his client might end up agreeing to it. so everyone was being reasonable except for my uncooperative ex.

    so now we have a motion scheduled 2.5 months down the road. I will be exactly 6 months on e.i. by then. we think this is a strategy by them to argue I had enough time to find a job.

    my lawyers asked that I be allowed to file a affidavit statement to show my job search efforts, which I have been logging since I lost my job.

    now, what is the best way to show my job search efforts? spreadhseet of job name company date applied and outcome? emails from employers turning me down after interviews? I'm also meeting with employment coachto review resume and help me get a job.Anything else I should be doing?

    lastly, also looking into university to get my degree. my college diploma is a different field then what Job I ultimately landed and I probably need to update my education to match my field of work.

    I haven't been able to get past any first stage interviews.

    what can I do here? If I go start university and my E.I gets cancelled, can I still show job search efforts and agree that I should pay based on at least minimum wage ? My salary was $72,000 after overtime and it was one lucky of a salary! of course, th overtime wasn't guaranteed but ex doesn't care.

    Another change is we started 50.50 right before I lost my job.

    it's really stressful and not sure where to start. If I get imputed at 70k a year without a job I'm pretty much toast and might as well file bankruptcy. Another issue is if I get imputed income, it becomes next to impossible to ever go lower than that amount. I might be in university for 2 or 3 years even..

    The biggest source of fear is the fact that I'm the father and presumably stereotyped to be intentionally unemployed...

    I don't know what more to do then to keep firing off resumes. perhaps I can start messaging managers on linked in to show networking?

    job fairs for my field are for university students only...
    Last edited by tunnelight; 02-22-2019, 02:09 PM.

  • #2
    You print off all the applications youíve sent (normally when you apply on a website they send a confirmation) including sent emails, make a log of places you cold called and the dates, you print off all your resumes and cover letters and outline in your affidavit your skills and education and the positions you are qualified for. The log should include all the time spent with placement agencies, job support organizations, meetings with schools etc.

    You may also want to find out if you qualify for the retraining element of ei as well.

    The ex in our case loosely claimed my fiancť was underemployed and continued to cite he had more education than he did. We printed all the stuff I outlined above totaling 250 pages. The judge held it up and told her that that puts an end to the discussion he was underemployed.


    • #3
      Would it be reasonable to not pay the previous amount ordered on consent on an interim basis because I lost my job and we are in shared custody with her having higher income than my E.I benefits? CS. is enforced through FRO.

      Can FRO touch E.I. benefits if we tell them there is a motion booked to deal with CS ?


      • #4
        FRO will enforce whatever they have on file. They will not change it. As awful as it is, you will have to find a way to pay it until you get it changed.


        • #5
          Originally posted by rockscan View Post
          FRO will enforce whatever they have on file. They will not change it. As awful as it is, you will have to find a way to pay it until you get it changed.
          Now, is the non payment something she could use against me? Maybe I can do a repayment plan with FRO until dealt with? My lawyer was thinking to serve them with the judges endorsement if they threaten enforcement and license suspensions He is however hoping our motion will be dealt with before they threaten anything as they have to provide notice.

          would it look bad if I have to file a refraining order ? It will be an easy win for me because a motion is scheduled to deal with CS. I'm on Legal Aid so it's basically the government fighting the government. Waste of tax payers money but it's not my fault I got laid off.

          The CS payments would be 1/3 of what I receive on E.I.

          Lawyers advise not to pay because, I'm on EI, we are in shared custody now, and she earns more

          trying really hard to find cases where FRO sticks their nose in but not much. Seems judges are really understanding of lay offs when player makes reasonable efforts to find new employment though
          Last edited by tunnelight; 03-04-2019, 10:30 PM.


          • #6
            You can call and speak to your caseworker. They may be able to work out a payment plan.


            • #7
              Actually received letter from them. For 15 days to send them financial statement and offer an arrears payment plan. The letter indicates I can offer a repayment plus but it must be in addition to the regular support payments. In other words, I have to go and live out in the street..

              Doesn't the FRO know it takes courts some time to adjust CS ? Even if they go after my E.I, they can't take as much as they are hoping to get from me voluntarily. And I don't think the courts will let them suspend my license when I have lost my job...

              The more and more I'm putting up with our flawless legal system, the more and more I'm wanting to use my legal aid certificate to screw them over right back.

              They really should implement a grace period when support players are laid off.Seriously.
              Last edited by tunnelight; 03-05-2019, 03:42 PM.


              • #8
                We went through this. All because the ex refused to accept she wasnít entitled to the support amounts she wanted. It even lasted to her refusing to increase cs. The judge blasted her for it in a separate motion for disclosure. Told her she should be ashamed as he sees dads who stop paying entirely but she had an ex who actually wanted to pay the right amount!

                I still say call your case worker and talk to them. They may be able to help you with further information and/or at least tell you what else can happen.


                • #9
                  I know I know. I have questioned my lawyers advice to not pay any CS too but he said it's justified because we are in shared custody. Basically we got shared custody and then I lost my job.

                  Never any issue with CS until I lost my job.

                  Going to see what the lawyer says first and then maybe call FRO. I know first time I had called FRO to let them know I lost my job my lawyer said why would you even call them?

                  Thing is, I'm not just stopping paying CS after quitting my job or being denied access. Just because my lawyers told me to saying its justified because I have lost my job and because I am on EI and she makes more than me. But then again, there has been times where I have had bad advice. It happens mostly when the lawyers are too agile and just want to give an advise and move to the next client, and on, and on.

                  Any other posters who could chime in here?


                  • #10
                    My partnerís lawyer told him not to call FRO or fill out the form to stop cs. He was pretty adamant that it would end badly. My man called anyway and his rep was really good. She went through the order and saw that there was an error on their part and the ex agreed to stop cs. His lawyer was shocked.

                    I think a lot of lawyers donít want their clients getting involved with fighting fro as it means more work for them. Remember though that YOU are the person with FRO, not your lawyer. YOU are the one on the hook for paying, not your lawyer. YOU pay your lawyer for his thoughts on FRO.

                    Its free to talk to your caseworker and you may get a more positive answer.


                    • #11
                      last time this happened, the case worker made an agreement with me over the phone that I would pay $260 a month until next court date , and noted it in their computer. 3 weeks later sends me notice to suspend my license. I called her back and called her every name in the book and made a huge deal and escaleted all the way to the ministry of social services, and they apologized , but the FRO sting rays said I have to pay. Later, the head manager called and apologized about my experience with the case worker and said to be transferred to him if any issues in the future. I indicated I wanted a new case worker as any future discussion I have with that case worker will get nasty real fast. He assigned other case workers to my case. He said I may still get the same person time to time. I said those calls will sure turn out well.

                      In the end I maxed out credit cards and paid to shut them noise makers the hell up and regretted setting up any type of deal with the POS FRO case workers. They're not trust worthy and don't stick through with their agreements.

                      I think it's best to have my lawyer speak to them and setup a payment plan if required. Doesn't cost me anything as I'm on legal aid .

                      The loss of job is stressful as it is, and added an uncooperative ex and an incompetent support collection agency to the mix and you get massacre.

                      Meanwhile there are dads owning over 20k and they don't do nothing. Here is me "owing" $750 and they have already reserved a jail cell for .
                      Last edited by tunnelight; 03-05-2019, 06:02 PM.


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