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  • I'm Back again!

    happy to be able to get some advice as I am self-represented and have been doing well in this capacity for quite a while. I recently filed a motion to change child support (table amount only) as my ex has been paying the same amount for years and it was not viable to file motions for a few dollars a month increase. However, on receiving his NOA his earnings had increased quite substantially, so I asked him to sign a Consent Motion to change the Order. He refused and told me to file on my own. I did so and received a response within 20 days. He attached a Notice of Employment indicating he quit his job and would no longer be making support payments. He asks that I agree to have his child support payments be based on his EI payments should he be approved for it. He also asked for a change in the order that I pay for half his expenses when he visits (he travels here twice a year) The rest of the visits are to his home and I pay half the travel costs. My question: There is no hope of me getting anywhere with my motion to increase child support, so can I just not proceed any further with this matter and wait to see if he files for a case conference on his own? I can't see him doing this but with him, one never knows. Thank you all for any input. I really appreciate it.

  • #2
    Refer to this as it's a good read.

    CanLII - 2008 CanLII 28749 (ON SC)

    This scenario happened to a guy that lost his job and the judge decided to still impute his income even though he is unemployed and couldn't find a job in his profession / field so judge decided to impute his income the same as mom.

    In your case, you have two things you're coming after and they have no relation to the other.

    1. He owes you the difference in child support guidelines if he was paying less. You need to get his yearly income from the previous years and deduct what he paid you and what he is supposed to pay you based upon the guidelines
    Chance of winning = 100% as this is just simple math.
    Just list years and what supposed to pay what he paid. done.

    2. If you can prove he is intentionally underemployed himself, then he will owe you child support even if he isn't working. The fact he quit is good enough unless he has a doctor's note...

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    • #3
      If he is the support payor of full table amount then it is more likely than not that the judge would impute income and base child support on the imputed amount. The imputed amount is usually the average of the last 3 years or whatever "base" salary someone in his profession would earn. Him quitting his job will be frowned upon and he will likely be told that he needs to find another job, any job, in order to fulfill his obligation to support his children. Period. As long as you are only asking for the table amount, this is an easy case. Good luck with the paperwork. That part is daunting!

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      • #4
        Thank you 1stTimer and Maggie for your input. I think I will just sit on the fence for a while and see what happens next month when his support payment is due. I figure that until he tries to get the court order changed himself he still has to pay the amount as specified in the current court order. As to the retroactive amount he owes me for this year, I will keep as ammunition should he proceed. Thanks again. Have a great long weekend.

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        • #5
          Originally posted by niagaramom View Post
          Thank you 1stTimer and Maggie for your input. I think I will just sit on the fence for a while and see what happens next month when his support payment is due. I figure that until he tries to get the court order changed himself he still has to pay the amount as specified in the current court order. As to the retroactive amount he owes me for this year, I will keep as ammunition should he proceed. Thanks again. Have a great long weekend.
          If he wants to change the amount (because he quit his job) then the onus is on him to do so. Until he does, he is responsible for paying the amount it is currently set up. He might wait a few months before requesting a reduction in child support though. Typically, the court likes to see that you have made every attempt to find new employment and will only consider a change in support after at least 3 months of valid unemployment.

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