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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce. |
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#21
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I think some of this is a bit unrealistic.
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If this had been 6 weeks and she'd been sleeping on a friend's couch, I would answer differently. It has been a year and a half; the marriage is over. The ex could have been dating someone for a year, gotten engaged, and be living with his new spouse by now. Perhaps even severing the divorce and remarrying. The amount of time passed is considerable and meaningful. Quote:
If the OP wants to change the custody situation, she has to change her working hours. She isn't going to get that change through the courts. If she can't change her hours, then she is in the same situation as many NCPs. A better option than court would be to return to school, get a p/t job on campus, and have the evenings free to parent. Quote:
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If you are suggesting that she approach her ex and suggest that she quit her job, take the children 50/50, be imputed a wage and have setoff CS and SS be calculated based on that, this might be reasonable if there were genuine trust between them. But there isn't, and if the ex agreed to that, there would be no way to break that situation if she just stayed off work indefinately. So he wouldn't agree unless he could genuinely believe in her. Quote:
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#22
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The SS amount is not reasonable however and this OP is a classic case of "you need a lawyer." She says she can't afford one but I say she can't afford NOT to have one at least on a consult basis for the DivorceMate calc. Quote:
I just see this whole story as a "how can I screw myself as much as possible?" scenario. Its hard to imagine how the OP could have put herself in to a worse position. Again, having a lawyer is a must for this poster before her position becomes unretractable. |
#23
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10.25*35*52=18,655. This is the very common yearly salary for those earning minimum wage in Ontario. I have read many decisions where a judge orders an imputation at $20k, which would be about a 40 hour work week at minimum wage. You may think that this is "not far off" from $30k, or even $25k, but for people working at Tim's or other businesses that pay minimum wage, it is a lot of money. I have several neighbours in this position, they are recent immigrants and parents, and I chat with them while our kids play in the park. One mother travels for 2 hours on the TTC to work in a factory stuffing envelopes. Of course she is looking for something better, but until something better comes, she is struggling. To me, tossing off numbers like that and saying they are not far off is dismissive and offensive. When someone is living like that, a few thousand means a huge difference. As far as the OP goes, as I said earlier, an imputed wage requires reasons, so there may be more information we do not have. It is not clear if she is actually running her business; she claims she was denied access to her "equipment." |
#24
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I think the issue with the OP is that she doesn't have a lawyer, so he's making extreme offers understanding that she's in a weakened negotiating position. In addition, that she seems to be willing to roll over on the access/custody arrangement leads me to believe that he's dead-on in assuming she's not going to fight back much. Frankly, I'm surprised he didn't try to impute a higher wage with the argument that she can work double-time or two jobs if she doesn't have the kids. This is an excellent textbook example of what happens when you don't have a lawyer or the ability to reason and negotiate in your best interest. The other party smells blood and goes for in for the kill. Last edited by Pursuinghappiness; 12-03-2013 at 02:20 PM. |
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