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Old 10-16-2006, 06:59 PM
logicalvelocity logicalvelocity is offline
Join Date: Oct 2005
Location: Ontario
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Fresh Starts,

as you mentioned

He has a grade 7 education. Doing only General labourer work for all of his life.He claims that because of his lack of education he can not find work. But has made no moves to upgrade his education or go back to school.
That is a reasonable excuse, However nothing prevents him from obtaining his high school diploma through correspondence while still be able to fulfill the EI criteria of be available for work. He really can't attend school during the day or night without sacrificing his EI benefit unless he had the EI's permission. He could participate in correspondence courses.

There is $24,000 left in trust from the sale of the house. If we agree to split the proceeds in 1/2 that will give both of us $12,000. With his share of the money what are the chances that he will be ordered to pay the arrears owing (About $10,000) Or will the judge give him a break (so he could pay his lawyer fees etc...)
It all depends on the Judge and whether the Judge will accept his stance. If the court accepts that through no fault of his own he was laid off, technically any amount of support accumulated from the point of lay off may be wiped. Any amounts of support before the layoff that are in arrears would still be owing. The court could apply the arrears against his share of net equalization. Everything will swing on the facts and the particular Judge's view. Regardless, most Judges do hold the view that child support is paramount and if by chance he does get some relief from the obligation, it won't be very long.

I am under the understanding that he did not recieve a severance package. He did receive his vacation pay (which I received some of because he was in the arrears at that time.)
As you mentioned in regards to the EI, you received some of this because FRO garnished same.

Legal fees are not mentioned in his financial statement. He also never mentioned the fact that he still buys cigarettes. His lawyer refuses to accept legal aid.
Legal fees expense even in a pending nature should of been mentioned. Cigarettes are considered a luxury and if he had tobacco and booze listed it wouldn't look good on him considering he is trying to get out of his child support obligation. You may have to question him under rule 20 to verify his financial statement as you do raise some good points.

In all, the children support is paramount consideration for the court and everyday I drive by and I see signs in front of establishments looking for help. There are jobs available if you really want to work.. I am sure the courts are aware of this. The court may ask where has he applied for positions. You could also ask for disclosure to his weekly employment reports that he files with EI in the interim.