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Mother no Job

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  • Mother no Job

    Hi Everyone

    Hope all good

    Well My ex got let go from her Job back in October 2023=2 and she collected her severance until April 2023 and no job hunting in that time ,
    She has still not been working and I'm hearing she has applied to go to school for January 2024 with no plans of working this year and just collect unemployment

    I'm really not sure how I feel as My guess is my Child support will double or triple due to her not having any income other than EI

    Also she has to move out of the Condo because it sold and she is moving to her mothers cause she can't get another place with no Job

    She has made over 50,000 to 60,000 the past 3 to 4 years ?

    Is there anything I can do ?

    Thanks in advance everyone

  • #2
    I believe it will be her challenge to file motion to change, where she will have to convince judge she can’t get a job despite she was looking hard (and she wasn’t based on your post). Then judge most likely consider her underemployed, and while he may not write her entire amount, he may impute her 30-40k easily, and your support won’t increase as much.

    Then keep on mind if she was laid off, there is a chance of severance payment (not always, but it is a chance), which is considered her income as well.


    • #3
      Thanks Challenger, she used up her severance due because her employer paid her from October 2022 till April 2023 , in that time she choose to just enjoy the time off and now filled for EI and seems she wants to ride that out till school start in January 2024 ?

      Its just that next year when we offset our support again and she shows only EI as income just doesnt't seem right and then just go to school


      • #4
        Do you know what her school program is for? Is it a better job than what she had?

        Also, has she actually advised you of any of this or are you getting it from the kids?

        You will need to prove she is purposely under employed if you end up in court. You could tell her next year you aren't modifying as she has failed to get a job and then she will file a motion to change. Put the monthly amount into a savings account in case you lose the case. Either way, you may end up paying her a specific amount that may be more than offset.


        • #5
          I'm not quite sure on the program , she was a manager of her department before and no its something to do with nurse assistant or something kids don't really know
          I have gotten all of this from my kids she has informed me of nothing
          I only pay for the one daughter now as the other is finished school and lives with me full time, the other goes back and forth still

          Rock Star when you say , next year I'm not modifying , would I use an income from previous years ? Because I'm sure with her on EI all year when we renew in July 2024 she won't show much income at all other than EI


          • #6
            You could ask her to list out her job search efforts and what she has been doing but as far as you are concerned she is purposely underemployed and able to earn more. As such you are not using her EI income to update and have calculated an average between minimum wage and her former salary.

            I warn you though, you may not win. The leading case on this is Drygala v Pauli where the father quit his job and reduced his income. You would be obligated to prove she is under employed.

            If she works in nursing at the moment that will be easy as there are a lot of jobs out there. I suggest you start watching the job boards for jobs similar to hers and make note of them and their income so you can demonstrate she had ample opportunities to become employed.

            I should also add I'm not a lawyer but this topic was argued by my husband's ex. She claimed he was purposely underemployed and the judge noted it was on her to prove it and since my husband provided 200 pages of job applications, meetings, emails and outreach and proof of interviews, he was able to demonstrate he was doing everything possible to find a job. He also works in a specialized field that is limited all over ontario.


            • #7
              Thanks Rockscan
              She was working at a gym as a customer service supervisor and they did changes and let some people go October 2022 , then she road our her severance till April 2023 of this year
              Currently on EI and from my understanding she is just waiting and go to school for some nurses asst in January 2024 full time school with no plans of working at all
              My daughter told me she isn't even looking cause she is going to move to her Moms house so she won't have rent or bills ?

              Just not sure how that works as you should be working as our agreement is offset child support , so cause she chooses to not work then attend school next year my support can almost triple most likely ?


              • #8
                Well, it's a little more complicated than that. You may be hard pressed to find a judge who disagrees with someone going back to school to better themselves. Nursing assistant is better than gym customer service manager.

                With that said, she still has an obligation to support her kids.

                Not to mention that you are getting this second hand from your kids.

                Have you thought of reaching out and asking her about it? As in hi ex, kid told me you lost your job last year and that you are planning to move and go back to school. Could you please let me know what your plan is for changing the kids residence as well as how you will be meeting your support obligations going forward?

                You said one kid lives with you which means support has gone down. Is it really going to be that high? Is there any number in your order listing out a support amount?


                • #9
                  Hi Rockscan
                  No its always been offset child support 50/50 custody , my older lives with me full time as the ex didn't seem to want to provide for her after my last child support check when she finished school ,so she pretty much said go live with your dad , the younger still goes back 50/50

                  My concern is that going from offset at her income of 60,000 a year to like almost nothing I can only imagine what my number would be then when we adjust next year after our Notice of assesment ?


                  • #10
                    At 50/50 she has to provide support. She cant just give up her job. That's why I' saying to take the approach of asking and then noting you plan to fight it.


                    • #11
                      Originally posted by zanman View Post
                      I have gotten all of this from my kids she has informed me of nothing
                      Don't contact ex or ask for anything! As far as you're concerned, ex is still working and making regular income.

                      If she surprise low balls you in July, don't agree to it. Offer what you think is fair, then pay the same as last year and let her file an application. You'll win/settle.


                      • #12
                        Thanks Everyone for the help always appreciated


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