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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 09-16-2021, 11:59 AM
Tbaga Tbaga is offline
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Default Child support amount unilaterally changed during the year

I have a recent situation that I need some help with from this forum members.

I am already divorced and have a separation agreement in place. The ex is highly educated and held few jobs previously, but since the signing of the agreement in 2020, she became unemployed and she claims she is having hard time getting a job. She benefited from government EI, but the EI run out just recently, and decided on her own to recalculate child support amounts based on her current zero income. I pay offset amount for child support according to Table. The separation agreement states that child support be based on the NOA from previous year. The child support amount is revisited in June based on the NOAs and the new amount apllied in July, all according to the separation agreement. Can my ex change the CS at anytime during the year just like that, claiming that EI is over and now has zero income? Remind you that it is I who pays the offset amount. Thank you.
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Old 09-17-2021, 09:55 AM
rockscan rockscan is offline
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How is she supporting herself with no income?
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Old 09-17-2021, 11:44 AM
Tbaga Tbaga is offline
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Originally Posted by rockscan View Post
How is she supporting herself with no income?
She receives spousal and child support. Both payments are sufficiently large that she's able to live comfortably on these.
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Old 09-17-2021, 11:51 AM
rockscan rockscan is offline
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Then her spousal is income. And you can ask her for a copy of her resume and proof of all applications for employment.


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Old 09-17-2021, 01:22 PM
StillPaying StillPaying is offline
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No need to ask for proof of effort!
Simply do not agree to the support change. Offer to impute ex at old wage or full time minimum wage. Keep paying what you were and let ex take you to court if they want to try for zero income.
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Old 09-18-2021, 06:27 AM
Tbaga Tbaga is offline
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Originally Posted by StillPaying View Post
No need to ask for proof of effort!
Simply do not agree to the support change. Offer to impute ex at old wage or full time minimum wage. Keep paying what you were and let ex take you to court if they want to try for zero income.
She was given a grace period after the signing of the separation agreement to get a job. She somehow conveniently lost her job few days before signing the agreement. According to the separation agreement a full time minimum wage salary will be imputed after the grace period expires.
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Old 09-18-2021, 06:36 AM
Tbaga Tbaga is offline
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Then her spousal is income. And you can ask her for a copy of her resume and proof of all applications for employment.


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The spousal is a limited time fixed amount. She was paid a lump sum spousal after a formal asset division that covered more than 90% of the required amount. The rest was agreed to be paid within two years in monthly payments. The two yea period will expire soon. All details included in the separation agreement.
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Old 09-18-2021, 10:58 AM
rockscan rockscan is offline
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Quote:
Originally Posted by Tbaga View Post
She was given a grace period after the signing of the separation agreement to get a job. She somehow conveniently lost her job few days before signing the agreement. According to the separation agreement a full time minimum wage salary will be imputed after the grace period expires.

Then you tell her according to the agreement her grace period to find a job is over and you are imputing a full time income to her.

And like SP said, ignore her and pay the amount based on that.
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