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cashcow4ex 03-26-2019 08:00 AM

Income question
Good morning fellow sufferer's,

I have a question about income.

Brief history: Divorced for 9 years. Was an AOW father up until 2 years ago when 1 child came to live with me. So now the Ex has 1 child and I have 1 child. Offsetting support is being paid.

I make a good salary however there is some extenuating circumstances where I might not be able to continue doing this job for much longer. I had a heart attack at 44 years old mainly due to the 15 hour work days 6-7 days a week.

The issue is I only have a grade 12 education and I have been with my company since I was 18 years old (25 years now). I have no other real "career experience" other than the typical jobs a 17 year would do.

I am wondering what kind of ramifications I would face if I switched careers in order to see my 50th birthday? Would they input my old salary for child support purposes even though there is zero chance of earning that kind of money in a new job? I am looking at about 7 years left of support for the younger child living with the ex.

We would be talking a salary change in the neighborhood of currently earning $140,000 to somewhere closer to $75,000.


rockscan 03-26-2019 08:41 AM

If you have medical reasons and proof then I have a hard time believing any judge would make you stay in a role that is literally killing you. It would be a different situation if you were healthy and quit because you were tired of working.

Should probably also keep track of all the things you did to find a job that allowed for a similar or slightly less income.

iona6656 03-26-2019 08:51 AM


Originally Posted by rockscan (Post 234717)

Should probably also keep track of all the things you did to find a job that allowed for a similar or slightly less income.

This is a great idea. In most municipalities- there is an employment office that can offer you free career counselling- they have all the information on grants geared towards helping individuals re-train for different careers. The fact that you researched your options should go a long way.

rockscan 03-26-2019 09:15 AM

I should also note that at my manís motion in the fall, the judge advised his ex that the onus is on her to prove he was intentionally underemployed and the case the bench relies on is Drygala v. Pauli. May want to look at that.

cashcow4ex 03-26-2019 09:21 AM

This is very helpful. Thank you folks!

denbigh 03-26-2019 08:31 PM

If you canít wirk at your job for medical reasons, then donít employers have to accommodate your work or move you to a different position? I donít think you can be fired for medical reasons.

denbigh 03-26-2019 08:41 PM

Here is some indie about duty to accommodate and when employers are. It requires to accommodate. If you left a job when the job would have accommodated your illness this might not serve you well

denbigh 03-26-2019 08:41 PM


cashcow4ex 03-27-2019 08:23 AM

Technically I can work the job and I am not at risk of being fired. The issue is that I doubt my health will hold up overtime working the hours required to earn the salary I am.

Being a commission based position, the more hours I put in the more I earn. So if I reduce my hours to an 8 hour work day, my sales will drop thus drastically dropping my earnings not to mention my job performance perception would be in question with the company.

So I am screwed if I do and screwed if I dont. I just have to figure out which is the lesser of 2 evils. Do I work the 8 hour day and lose 50% of income and tarnish my job security or do I seek a different career?

Janus 03-27-2019 09:42 AM


Originally Posted by cashcow4ex (Post 234736)
Technically I can work the job and I am not at risk of being fired.

Do you have (or can you procure) a medical note?

Saying "I feel the job will kill me" is very different than a medical note saying "this job will kill him".

That is my family law advice. My life coach advice is that you seem to be fairly dramatic. I suspect you can work 6 hours a day and still make a reasonable income. Or perhaps work only 4 days a week. You are presenting what is known as a false dichotomy. You claim there are only two options:

A) Full steam ahead, possible death
B) Complete retreat, abject poverty

Somewhere between those two options is probably where you should end up.

Note: I am not actually a life coach.

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