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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 04-22-2016, 01:45 AM
Mr Green Mr Green is offline
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Default Ofset Child Support

Hi. Can anything be dunn if 1 parent is under employed or purposely unemployed regarding child support?
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  #2  
Old 04-22-2016, 08:04 AM
rockscan rockscan is offline
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Search "imputing income" in the financial forums.
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Old 04-22-2016, 12:02 PM
FightingForFamily FightingForFamily is offline
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If you have an order or agreement and they aren't paying the correct amount, it accumulates as arrears. You can have these enforced by FRO or ME in your province and he will have to arrange a repayment schedule.

If you have no agreement and are negotiating what income to use, use the average of the last 3 years and adjust every year in June/July. People may be unemployed from time to time and it should reflect in their CS but normally its only temporary.

If you want to force them to pay CS on an imagined income, you'll almost definitely need a court order. This may come from a motion but sometimes only as a result of a full trial.

Offset CS is normally such a low number (100-400 per month) that IMO it won't pay itself off in terms of legal costs to heavily dispute.

Remember that every hour your lawyer spends discussing or dealing with this issue is costing you at least once month of the potential CS to begin with.

For example, when you feel your ex is underemployed or under reporting their income. You feel they should be paying $300 per month instead of $200 per month. Your lawyer files a motion, gets it into court and you successfully win the motion but it costs you $3000.

So you spent $3000 to win $100 per month. It will take 3 years before you'll even recoup the cost. Was it worth it? IMO definitely not.

Last edited by FightingForFamily; 04-22-2016 at 12:05 PM.
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Old 04-22-2016, 06:20 PM
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Rioe Rioe is offline
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Quote:
Originally Posted by FightingForFamily View Post
So you spent $3000 to win $100 per month. It will take 3 years before you'll even recoup the cost. Was it worth it? IMO definitely not.
Well, don't forget that if you win, it's probably your ex paying costs, not you.

And there are non-monetarily benefits that go beyond the money gained vs spent. However, teaching the ex a lesson that shenanigans don't work, or the ex finally getting a job since being unemployed didn't work out as planned, or setting up more easy annual adjustments; gains like that can be invaluable.
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Old 04-24-2016, 12:53 PM
niagaramom niagaramom is offline
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Default Fight for What's Right!!!

I agree with RIOE. I just had a case conference for a motion I initiated to get an increase in child support that is rightfully due my child. I know case conferences don't solve much, but this one sure put my ex in his place. The judge's suggestions,and instructions to him and his remarks were excellent in showing how the ex is purposely trying to avoid his legal and moral obligations. I have never been a vengeful person but when I know the ex can really afford to pay what he owes, it makes me so angry. He can make every excuse in the book not to pay and yet he has the nerve to praise himself at "what a great parent he is". Enough ranting on a Sunday morning. The moral, in my opinion, is: keeping battling. Eventually true colours have a way of emerging and what is right will occur. It is frustrating but have faith and don't let the ex have his way without a fight. If you do, some day you will regret it. Have a great week.
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Old 04-25-2016, 11:12 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by niagaramom View Post
I agree with RIOE. I just had a case conference for a motion I initiated to get an increase in child support that is rightfully due my child. I know case conferences don't solve much, but this one sure put my ex in his place. The judge's suggestions,and instructions to him and his remarks were excellent in showing how the ex is purposely trying to avoid his legal and moral obligations. I have never been a vengeful person but when I know the ex can really afford to pay what he owes, it makes me so angry. He can make every excuse in the book not to pay and yet he has the nerve to praise himself at "what a great parent he is". Enough ranting on a Sunday morning. The moral, in my opinion, is: keeping battling. Eventually true colours have a way of emerging and what is right will occur. It is frustrating but have faith and don't let the ex have his way without a fight. If you do, some day you will regret it. Have a great week.
Chris Rock has this to say about parents who try to take credit for things they are supposed to do.

https://www.youtube.com/watch?v=LaPHPQt91w8
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