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  • 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.

    Thoughts?

  • #2
    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.

    Comment


    • #3
      Originally posted by rockscan View Post

      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.

      Comment


      • #4
        I should also note that at my man’s 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.

        Comment


        • #5
          This is very helpful. Thank you folks!

          Comment


          • #6
            If you can’t wirk at your job for medical reasons, then don’t employers have to accommodate your work or move you to a different position? I don’t think you can be fired for medical reasons.

            Comment


            • #7
              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

              Comment


              • #8
                Thanks https://www.albertahumanrights.ab.ca...commodate.aspx

                Comment


                • #9
                  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?

                  Comment


                  • #10
                    Originally posted by cashcow4ex View Post
                    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.

                    Comment


                    • #11
                      Hey Janus,


                      I have all the medical documents from my 5 day stay at the Heart Institute when I went in after my heart attack 6 months ago.

                      My options aren't as simply as you are making them out to be. If I reduce my work hours to a normal work day (8 hours) the consequences to that is a diminished salary as a great portion of my compensation is commission based. Currently I am putting in approx 15 hours per day which on average has been providing me with about $140,000 a year. Of which $85,000 is in commission. If I were to reduce my hours to an 8 hour day, I could expect a year end compensation in the area of about $75,000 to $90,000 as I would need to re-distribute some accounts to other sales people. Knowing my ex, she will say I am purposefully lowering my salary in an effort to reduce child support.

                      My other option is to try and switch careers however as stated before, I have been with this company since I was 18. I really dont have any other work experience nor is there any real competition to transfer too. So if I switch careers, it would be foolish to think I am going to make anywhere near the salary I am making now.

                      My health is starting to dictate what pace I can keep up and its not the 15 hour days I am currently maintaining.

                      Comment


                      • #12
                        But if you are in sales it may help you in other roles. There are plenty of jobs that require someone with good people skills and other types of abilities. You could also consider going into the insurance or realty field with a sales background and do the work right now to get your license.

                        I also think the advice about speaking to a career counselor or even a headhunter may be a good plan too. You don’t necessarily have to look for a job that pays you the same salary but you could get some info on what other career options you have. Don’t sell your experience short. Ive known plenty of people who have a degree but dont work in the field of study. Or people who went for one year of college and make thousands doing something else. Sometimes roles base themselves on a set of skills rather than a degree. The job description may say a degree is required to help weed out the unqualified.

                        Comment


                        • #13
                          Originally posted by cashcow4ex View Post
                          I have all the medical documents from my 5 day stay at the Heart Institute when I went in after my heart attack 6 months ago.
                          Did you get the heart attack from your job, the stress of your divorce, or from eating too much cholesterol and smoking too many cigarettes?

                          Your evidence is that you got a heart attack. Do you have evidence that your job caused the heart attack?

                          Comment


                          • #14
                            There is no evidence that clearly states my job caused the heart attack. Unfortunately heart attacks causes aren't always clear.
                            I can tell you that there wasn't any heart defects found and I am a reasonably healthy person. Could I lose 20 pounds...sure but that in itself doesn't cause a mid 40's person to have a heart attack.

                            With that said, working 15 hour days on a minimum average of 6 days a week isn't conducive for a healthy and long life...nor can I possible hope to continue at this pace for about the next 8 years (until child support ends).
                            So a lifestyle change must happen.

                            Comment


                            • #15
                              Originally posted by rockscan View Post
                              But if you are in sales it may help you in other roles. There are plenty of jobs that require someone with good people skills and other types of abilities. You could also consider going into the insurance or realty field with a sales background and do the work right now to get your license.

                              I also think the advice about speaking to a career counselor or even a headhunter may be a good plan too. You don’t necessarily have to look for a job that pays you the same salary but you could get some info on what other career options you have. Don’t sell your experience short. Ive known plenty of people who have a degree but dont work in the field of study. Or people who went for one year of college and make thousands doing something else. Sometimes roles base themselves on a set of skills rather than a degree. The job description may say a degree is required to help weed out the unqualified.

                              Thank you Rockscan, and you do make a very good point. My sales experience is transferable to other jobs. I just wish my field I am in wasn't so narrow of a specialty LOL

                              Comment

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