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Loss of employment, most efficient way to have CS change heard

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  • Loss of employment, most efficient way to have CS change heard

    I recently lost my employment and we currently have an order for CS collected by FRO.

    It could be a few weeks to a month before pay in lieu of notice is agreed to and provided, god knows how long my employer will take to provide my Record of Employment and then once that gets to EI, time for them to review and start my claim, and I have less than a month's income to come in and I am done.

    What is the quickest way to get the current CS heard by a judge and hopefully reduced to reflect what my new income will be on EI? Unfortunately I am resuming a previous EI claim within the past 52 weeks which means once Record of Employment is provided I should start collecting EI quicker, however I don't know when EI will start, I know how many weeks left I have with EI and the amount I will get for calculation of income but how do I deal with the unknowns with a judge and with my ex?

  • #2
    Loss of employment, most efficient way to have CS change heard

    If your ex is reasonable and willing to work with you, she can call FRO and sign an agreement to change form. If shes not reasonable, You'll need a motion to change. Which you should start immediately. You should also contact your caseworker immediately to advise them what is happening. Depending on your case, you'll have a good shot at getting info from them.

    Im pretty sure there are rules around time to provide the ROE upon termination. Stay on top of your employer. If you have an open claim with EI, you can call in and provide info. Most times when you advise them during your reporting process you are working, the file is put on hold. Definitely go into your claim and get it going again. Or visit an office to speak to them.

    (ETA: I know the FRO info because my partners caseworker advised him of this should he start working and earning more than the court order on file. But again, the reasonableness of your ex is a factor. They are quick to adjust when its going up, not so quick when its down.)

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    • #3
      Thank you rockscan,

      My ex is anything but unreasonable which is why I am going the motion to change route. I have reopened my EI claim online unfortunately trying to call them direct has failed so far, they won't put anyone through right now, call volume too high.

      Employers are supposed to provide within 10 days, this employer is notoriously behind at everything. I can call, email but I cannot put a gun to their head to provide or submit the ROE in reasonable timeframe and I believe my EI claim can't be reinstated until they have it.

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      • #4
        We most recently had a Support Deduction Order so I am pretty sure that is what needs to be filled out and submitted to court again, should my ex agree to it.

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        • #5
          Loss of employment, most efficient way to have CS change heard

          Call FRO too. My partner has gotten great info from his case worker. She is very pleasant and gives him help on info when he asks.

          The sad part is that more than likely by the time this all gets finished, you'll be working again and will just need to update again! Thats the downside to this system--you cant follow the FCSG on up to date income and proof of changed income when it comes to FRO.

          Oh and track everything. If you overpay, you might be able to have that scaled back in your new order.

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          • #6
            Thanks. Already spoke to my case worker today, I have a decent one there too. She basically said it's get my ex to temporarily withdraw from FRO (which she won't) or get back in front of a judge a.s.a.p. She was very helpful and put something on hold for me.

            Unfortunately not, in my line of work, the market is swamped and last time I was out of work over a year, sadly I have trial coming up soon too.

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            • #7
              FYI : your employer has six days to get your ROE to you or submitted to service Canada electronically.

              How do I get my Record of Employment? | CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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              • #8
                Thanks Blink but it also says 16 days there. I've also read 10 days somewhere else

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